Page:United States Statutes at Large Volume 17.djvu/237

 FORTY—SECOND CONGRESS. Sess. II. Cn 255. 1872. 197 such appeal may be taken, within the periods above designated after the entry of the judgment, decree, or order, exclusive of the term of such disability. The appellate court may affirm, modify, or reverse the judgment, Pulau of updecree, or order brought before it for review, or may direct such judgment, P°l_l**° **0*** °¤ decree, or order to be rendered. or such further proceedings to be had by ZEN °f mm' the inferior court as the justice of the case may require. Sec. 3. That the Supreme Court may at any time in its discretion, and Wriis or ci·i-or upon such terms as it may deem just, and where the defect has not injured l‘;“;:`,;‘&,Q‘;;."l°d and the amendment will not prejudice the defendant in error, allow an form, gg &u_ amendment of a writ of error, when there is a mistake in the teste of the writ, or a seal to the writ is wanting, or when the writ is made returnable on a day other than the day of the commencement of the term next ensuing the issue of the writ. or when the statement of the title of the action or parties thereto in the writ is defective, if the defect can be remedied by reference to the accompanying record, and in all other particulars of form where the defect has not prejudiced, and the amendment will not injure, the defendant in error; and the circuit and district courts of the United States shall possess the like power of amendment of all process returnable to or before them. Sec. 4. That a bill of exceptions hereafter allowed in any cause shall mus of sump. be deemed sufheiently authenticated if signed by the judge of the court E°¤¤lul:<>W_¤¤¤¤l' in which the cause was tried. or by the presiding judge thereof if more °°’“ °"n°“°d' than one judge sat on the trial of the cause, without any seal of court or P rh judge being annexed thereto; and all process issued from the courts of ,0 b;°;(i,C€;s?c_°n the United States shall bear teste from the day of such issue. Sec. 5. That the practice, pleadings, and forms and modes of proceeding p,,,,,,,m_ in other than equity and admiralty causes in the circuit and district courts pleadings. Src, of the United States shall conform, as near as may be, to the practice, plead-  ‘{,;;Q:{Y· ings. and forms and modes of proceeding existing at the time in like causes semis uuuriu to in the courts of record of the State within which such circuit or district conform tothose courts are held, any rule of court to the contrary notwithstanding: Pro- of Siam °°m`f vided, however, That nothing herein contained shall alter the rules of evi- Rules of evidence under the laws of the United States, and as practiced in the courts El;;? “°* “l' thereof. ' Site. 6. That in common-law causes in the circuit and district courts of, I“_°°“lf“°{‘T the United States the plaintiff shall be entitled to similar remedies, by attach- til; ment or other process against the property of the defendant, which are now remedies by atprovided for by the laws of the State in which such court is held, applicable ;:_gl§;2,;’g·b§°" to the courts of such State; and such circuit or district courts may, from State laws in like time to time, by general rules, adopt such State laws as may be in force in °¤S€S· the State in relation to attachments and other process; and the party recovering judgment in such cause shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided by the laws of the State within which said cir- Such iuws to cuit or district courts shall be held in like causes, or which shall be adopted be ¤jl°l>*°d *5 by rules as aforesaid : Provided, That similar preliminary atlidavits or proofs, mliféliminm and similar security as required by such laws, shall be first furnished by the proofs, &c. party seeking such attachment or other remedy. Sec. 7. That whenever notice is given of a motion for an injunction' out Injunctions. of a circuit or district court of the United States, the court or judge thereof may, if there appear to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion. Such order may be granted with or without security, in the discretion of the court or judge : Provided, That no justice of the Supreme Justices of the Court shall hear or allow any application for an injunction or restraining Sulmlge Cmlfi order, except within the circuit to which he is allotted, and in causes pend- 33E3S0E5i;;?` ing in the circuit to which he is allotted, or in such causes at such place out- cept, &.¤. side of the circuit as the parties may in writing stipulate, except in causes