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, Svazek 1

Robert Desty

Bancroft-Whitney Company, 1893

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CONSTITUTIONAL PROVISIONS 1 Supreme and superior courts	1

Appeal	5

Form of return	8

Extent of judicial power	13

Limitation of judicial power	22

Personal security	25

Personal rights	31

Place of trial	38

Issues of fact	488

Appellate jurisdiction	489

Interest on debentures	490

Appeal from district and circuit courts how regulated 207 Appeals direct to Supreme Court from district and circuit courts In what allowed	491

From Indian Territory 209 Appeals in prize causes	492

Appeals in prize causes remaining in circuit courts 211 Transcripts on appeal	493

Cases where question of jurisdiction only reviewed without refer ence to amount	494

Judgment or decree on review	495

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

Exclusive cognizance of crimes	86

Suits in what district brought	87

Suits by assignees	88

Offenses punishable with death where tried	141

Offenses on the high seas	142

CHAPTER III	144

In States enumerated	150

Deputy clerks	154

Compensation of deputy clerks 47 Records where kept	161

48 Indices to records	162

CHAPTER IV	165

When a Territory becomes a State after judgment or decree	217

Confirmation of perfect title limited	228

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 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	252

Officers forbidden to practice as attorneys	253

CHAPTER VII	254

Fees to be taxed	291

Attorneys solicitors and proctors	292

Fees in revenue cases	293

Fees on bonds when not allowed	294

Fees for defense of revenue officers	295

Clerks fees	296

Marshals fees	297

Services rendered on account of United States	298

Courts always open for certain purposes	299

In bankruptcy	300

CHAPTER VIII	301

What is to be included in the semiannual returns	302

Compensation of district attorney	303

District attorney of southern district of New York	304

District attorney and marshal in Oregon and Nevada	305

Prosecution of fraud on the revenue	306

territorial court	363

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

383 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	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

Recognizance of witnesses at the hearing of charges in criminal	399

cases 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 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

419 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

Records of United States courtsNotice	422

Force and effect of papers restore	423

Same subject	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

433 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

438 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	443

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	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

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

Allowing prisoners to escape	466

Application of preceding section	467

469 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

CHAPTER XI	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

Original jurisdiction	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

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

Writs of error and appeals from territorial courts	497

Compromises	498

Remission of fines	499

Utan Territory 216 Territorial courtsProcedure on appeal	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

FED PROC	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

Fees of clerk marshal etc when payable by informer when by United States	509

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	530

Citation	531

CitationSupreme Court	532

Bond in error and on appeal	533

No bond required of United States	534

Writs of crror to district courts acting as circuit courts	535

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

Oath of United States judges 227 Judges prohibited from practicing law 228 Judges resigning entitled in certain cases to salary for life	542

Criers of the courtsAttendants 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 235 Mandamus 236 Power to issue writs	547

Bail shall be admitted in cases not capitalBy whom	548

Writs of ne exeat 238 Temporary restraining orders	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

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

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 landsRemedies for improvements	572

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

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

CHAPTER XV	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

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

May execute process in their hands when removed	595

Oath of clerks	596

Clerks bond	597

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

Compensation retained by a clerk 308 Clerks in California Oregon and Nevada 309 Compensation of marshal 310 Additional compensation in priz...	601

327 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	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	629

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 bondJudgmentLimitation	640

Attorneygeneral to represent United States	641

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

FED PROC	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 first 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	662

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 667 Claims pending in other courts 668 Aliens 669 Limitations 670 Rules of practiceContempts 671 Oaths and ack...	666

Další vydání - Zobrazit všechny

A Manual of Practice in the Courts of the United States: Embracing ..., Svazek 1
Robert Desty
Úplné zobrazení - 1893

Běžně se vyskytující výrazy a sousloví

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Oblíbené pasáže

Strana 510 - 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...

Objevuje se u 598 knih od 1803-2008.

Strana 554 - 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.

Objevuje se u 393 knih od 1870-2000.

Strana 256 - 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...

Objevuje se u 670 knih od 1803-2006.

Strana 284 - 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...

Objevuje se u 251 knih od 1864-2003.

Strana 336 - 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.

Objevuje se u 366 knih od 1870-1988.

Strana 352 - 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...

Objevuje se u 290 knih od 1776-2002.

Strana 290 - 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...

Objevuje se u 350 knih od 1803-2004.

Strana 234 - 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.

Objevuje se u 317 knih od 1820-2008.

Strana 546 - 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...

Objevuje se u 235 knih od 1852-2002.

Strana 534 - 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...

Objevuje se u 287 knih od 1798-2007.

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Název	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, Svazek 1 A Manual of Practice in the Courts of the United States – Svazek 1, 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
Vydání	8
Vydavatel	Bancroft-Whitney Company, 1893

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