A Manual of Practice in the Courts of the United States, Embracing the Revised Statutes of the United States, Relating to Federal Courts and Practice Therein, 第 1 巻

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S. Whitney & Company, 1893 - 744 ページ
 

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Jury trial criminal 8 Trial by jury civil 9 Bail fines
45
Equal protection of the laws
46
Judges 12 Supreme law of the land
49
CHAPTER II
53
75 Operation of decree as against United States
75
Causes not discontinued by new term
127
Offenses on the high seas Offenses begun in one district and completed in another Offenses punishable wlth death where tried 36 Offenses on the hi...
142
အ CHAPTER
144
42 May be paid monthly 43 Clerks 44 In States enumerated
150
Deputy clerks
154
Compensation of deputy clerks 47 Records where kept
161
Indices to records
162
CHAPTER IV
165
Prize causes after appeal
235
JUDICIAL CIRCUITS
238
Circuits
239
CHAPTER VI
240
Circuit judges 66 Additional circuit judge
241
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 Judges 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 83 Marstals not to be commissioners
252
Officers forbidden to practice as attorneys
253
CHAPTER VII
254
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 etc 382 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 subjectWhen no commission nor notice 392 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
400 VermontRecognizance of witnesses how taken
400
Recognizance of witnesses required at any time on application of district attorney
401
Copies of department records and paprs
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 9 Copies of postoffice records and auditors statement of ac counts
408
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
CHAPTER IX
420
Recognizances to a certain term in southern district of New York 154 Special sessions for trials of criminal causes 155 Special sessions for criminal t...
421
Force and effect of papers restore
423
Same subject Authentication of legislative acts and proof of judicial proceed ings of States
424
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 Practice and proceedings in other than equity and admiralty cases
435
Attachments
437
Executions in commonlaw causes
438
Power of the Supreme Court to regulate the practice of circuit and district courts
439
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
CHAPTER X
457
Issue tendered when garnishee denies indebtedness
458
Garnishee failing to appear
459
Bailing of property seized under customs laws 61 Sale after condemnation
460
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 467 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
SUPREME COURTSESSIONS 199 Terms 200 Adjournments for want of a quorum 201 Preparatory orders made by less than a quorum CHAPTER...
478
Death of parties
479
SUPREME COURTJURISDICTION 202 Original jurisdiction 203 Writs of prohibition and mandamus 204 Issues of fact 205 Appellate jurisdictio...
480
FED PROC
481
Delinquents for public moneyJudgment at return term unless
482
Suits under postal laws Judgment at return term unless
483
Suits on debenturesJudgment at return term unless etc Suits on bonds for recovery of dutiesJudgment at return term unless
484
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 ostoffice department
489
Interest on debentures
490
Interest on judgments 432 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
When costs of prosecution to be paid by defendant
507
When costs are recovered by defendant in a prosecution
508
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 519 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
CitationSupreme Court
532
Bond in error and on appeal
533
No bond required of United States etc 535 Writs of crror to district courts acting as circuit courts
535
533 Writs of error to State courts manner of issue 537 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
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 be 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 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
240 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 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 law
567
Prisoner standing mute
568
Power to impose oaths and punish contempts
569
570 Persons indicted for capital crimes entitled to counsel and to com pel witnesses
570
Verdict of less offense than charged
571
Verdict against part of several joint defendants 8 573 Indictments remitted by circuit and district courts to each other
572
Occupants of lands Remedies for improvements 8 247 New trials 248 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
575 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 580 Complaint and answer
580
Amendments and adjournments
581
Challenges to jurors
582
CHAPTER XV
583
Limit of sentences 584 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
Witness fees costs etc to be certified to secretary of state
587
Surrender of the fugitive
588
Time allowed for extradition
589
Continuance of provisions limited
590
Protection of the accused
591
Powers of agent receiving offenders delivered by a foreign govern ment
592
Penalty for opposing agents
593
Evidence on the hearingProof of proper authenticity
594
Fugitives from justice of a State or Territory
595
Penalty for resisting agent
596
Arrest of deserting seamen from foreign vesselsAuthority of foreign consul or viceconsul
597
Power of foreign consuls over disputes between seamen
598
Oaths 290 Powers and duties of officers
599
Commitment and discharge
600
CHAPTER XVI
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
Deduction from term of imprisonment for good conduct
608
To what prisoners to apply
609
Convicts to have five days per month deducted for good conduct
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 etc 620 Capital offenses
620
Offenses pot 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 629 Courtrooms etc how provided
629
SessionsQuorum
630
Officers of the court 32 Salaries of clerks bailiff and messenger
631
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 governmentProviso War 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 bondJudgmentLimitation 8 641 Attorneygeneral to represent United States 642 Payment discharge of obligation
642
Jurisdiction and procedure
643
Petition for settlement of claims
644
ServiceDefenseProvisoProceedings on failure of government to answer
645
Opinions
646
Interested parties may testify
647
Appeals and writs of errorProcedure
648
Assignment of counselCosts on judgment
649
Report to Congress
650
CHAPTER XVII
651
Claims referred under Bowman ActJudgment
652
Reference of claims pending in CongressReport to Congress
653
Costs
654
Inconsistent laws repealed
655
Claims allowed by the ffrst auditor and commissioners of cus toms
656
Western Cherokee Indian claims
657
Shawnee and Delaware Indian claims
658
Private claims in Congress
659
Challenges
660
Challenges in summary trials 357 Grand and petit jurors 358 Rules in particular states
661
Claims referred by department 663 Procedure in cases transmitted by departments
663
Judgments in cases transmitted by departments how paid
664
Judgments and claims subject to offsets
665
Claims growing out of treaties 8 667 Claims pending in other courts 8 668 Aliens 669 Limitations 8 670 Rules of practiceContempts 671 Oaths and ...
666

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510 ページ - 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; 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...
554 ページ - 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.
256 ページ - 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...
284 ページ - States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects...
336 ページ - 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.
352 ページ - When any civil suit or criminal prosecution is commenced in any state court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
290 ページ - 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...
234 ページ - 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.
546 ページ - That every receiver or manager of any property appointed by any court of the United States may be sued 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 such receiver or manager was appointed...
534 ページ - To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...

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