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, Volume 1 (Google eBook)

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Bancroft-Whitney Company, 1893 - Civil procedure - 1370 pages
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Contents

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
Commissioners to administer oaths to appraisers
60
Exclusive cognizance of crimes
86
Suits in what district brought
87
Causes not discontinued by new term
127
Offenses on the high seas 34 Offenses begun in one district and completed in another 35 Offenses punishable with death where tried 36 Offenses o...
142
CHAPTER III
144
42 May be paid monthly 543 Clerks 8 44 In States enumerated
150
156 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
Deputy clerks 8 46 Compensation of deputy clerks 5 47 Records where kept
161
Indices to records
162
Special terms general rule
163
CHAPTER IV
165
Adjournment in absence of the judges by written orders
166
Prize causes after appeal
235
Circuit court powers of certain district courts abolished
237
CHAPTER V
238
Circuits
239
CHAPTER VI
240
Circuit judges 66 Additional circuit judge
241
Circuit court3 where established 68 Circuit courts by whom to be held 69 Judges may be directed to sit together 70 Justices of Supreme Court to att...
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 77 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
Suits by assignees
288
Citizenship of national banking associations
296
Not to accept certain cases 91 No appellate jurisdiction 92 Concurrent with court of claims 93 Jurisdiction of cases transferred from district courts on ...
298
Courts always open for certain purposes
299
In bankruptcy
300
CHAPTER VIII
301
Body of the party to be produced
366
Day for leaving
367
Denial of return
368
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 inperpetuam
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 subjectWhen 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 subpoena Attendance under
397
Witnesses on behalf of indigent defendants in criminal cases
398
VermontRecognizance of witnesses how taken
400
Recognizance of witnesses required at any time on application of district attorney
401
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 offices 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
CHAPTER IX
420
Vacancy in office of district judge 153 Recognizances to a certain term in southern district of New York 154 Special sessions for trials of criminal c...
421
Records of United States courtsNotice
422
Force and effect of papers restore I
424
Authentication of legislative acts and proof of judicial proceed ings of States
425
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
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
CIRCUIT COURT OF APPEALS 167 Additional circuit judges to be appointedQualifications 168 Circuit court of appaals createdCompositionGener...
457
Issue tendered when garnishee denies indebtedness
458
Garnishee failing to appear
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
Allowing prisoners to escape
466
Application of preceding section
467
Defendant held until judgment in the first suit 469 Bail and affidavits maybe taken by commissioners of circuit courts
469
CHAPTER XII
478
Preparatory orders made by less than a quorum
479
CHAPTER XIII
480
Fed PbocB
481
Delinquents for public moneyJudgment 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 490 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 501 Continuances
501
Costs in int rnal revenue suits upon information 503 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 sev 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 531 Citation
531
Citation Supreme Court
532
Bond in error and on appeal 5 534 No bond required of United States etc J 535 Writs of error to district courts acting as circuit courts E33 Writs of e...
537
Amendment of writ of error 539 Amendment in prize appeals
539
CHAPTER XIV
540
Writs of error and appeals to Supreme Court time for taking
541
Appeals in prize causes within what time
542
Damages and costs on affirmance in error
543
Reversal on error limited
544
Appeals from circuit Courts to Supreme Court
545
Where both parties appeal to the Supreme Court one record sufficient
546
Offenders against the United States how arrested and how re moved for trial
547
Bail shall he admitted in cases not capitalBy whom
548
Bail may be admitted in capital casesBy whom
549
Injunctions
550
Surrender of criminals by their bail
551
New bail to be given in certain cases
552
When penalty of recognizances maybe 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
Injunction to stay proceedings in State courts 241 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 joined
560
Indictments defects of form
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
Proceedings civil and criminal ia vindication of civil rights 243 When suits in equity may be maintained 244 Power to order production of books a...
566
When peremptory challenges exceed the number allowed by
567
Prisoner standing mute
568
Copy of indictment and list of jurors and witnesses to be delivered to prisoners in capital cases
569
Persons indicted for capital crimes entitled to counsel and to com pel witnesses
570
Verdict of less offense than charged
571
Power to impose oaths and punish contempts 246 Occupants of landsRemedies for improvements
572
New trials
573
Power to hold to security for the peace and good behavior 249 Power to enforce awards of foreign consuls etc in certain cases 250 Proceedings to ...
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 j urors
582
CHAPTER XV
583
Limit of sentences 584 Penalties etc under navigation laws how prosecuted
584
District attorneys and marshals 261 Term and oath of district attorneys 262 Salaries of district attorneys
585
Duties of district attorneys 264 Statement of suits 265 Returns of district attorneys to treasury
586
Witness fees costs etc to be certified to secretary of state
587
Returns of to commissioner of internal reven 267 Report by district attorne y 268 Marshals terms 263 Deputy marshals 270 Marshals salaries
588
Time allowed for extradition
589
Oath of marshals 272 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 increased bond 286 Bond of deputy clerks
598
2S7 List of judgments 238 Account of payments 289 Oaths 290 Powers and duties of officers
599
Commitment and discharge
600
CHAPTER XVI
601
Places of confinement
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
Fees in revenue cases
608
Fees on bonds when not allowed
611
Actual reasonable cost of subsisting prisoners to be paid
612
Designation of penitentiary by attorneygeneral
613
Fees for defense of revenue officers 296 Clerks fees
614
297 Marshals fees
617
Extradition of criminals
619
Services rendered on account of United States
624
Attendance on rule days and circuit and district courts 300 Marshal of the Supreme Court of the United States
625
Semiannual return of fees
626
What is to be included in the semiannual returns 303 Compensation of district attorney 304 District attorney of southern district of New York 305 ...
629
Clerks in California Oregon and Nevada
630
Compensation of marshal 310 Additional compensation in prize causes
631
Mileage 312 Mileage attorneys marshals and clerks 313 Mileage jurors and witnesses
632
Allowances for each year made from the fees thereof 315 Payment of surplus fees into the treasury 316 Auditing of accounts of district attorney
633
Attorney in District of Columbia 318 Accounts to be certified to by district judge 319 Accounts for costs of clerks etc 320 Clerk failing to report to ...
637
Commissioners fees 323 Witnesses fees
641
No officer of court to have witness fees 325 Expenses of clerks as witnesses 326 Seamen sent home as witnesses
644
Fees of grand and petit jurors 328 Mileage in Pacific StateB
645
Printers fees 330 Meaning of folio 33L Cost of printing records taxed
646
CHAPTER XVIL
651
Special juries
657
Payment discharge of obligation
661

Common terms and phrases

Popular passages

Page 231 - 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...
Page 552 - 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.
Page 254 - 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...
Page 509 - 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...
Page 542 - 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.
Page 334 - 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.
Page 508 - 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...
Page 544 - 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...
Page 288 - 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...
Page 232 - 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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