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

Portada
Bancroft-Whitney Company, 1893

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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

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Página 219 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement...
Página 540 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Página 242 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 497 - States, and the decision is against their validity, or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States...
Página 530 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Página 322 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Página 496 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Página 532 - In respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which euch receiver or manager was appointed...
Página 276 - Nor shall any circuit or district court have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee or of any subsequent holder...
Página 220 - State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.

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