Page:United States Statutes at Large Volume 18 Part 1.djvu/190

 1].8 Trrma xm.—THE JUDIClARY.——Ch. 7. or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he gives information that he does claim under such grant, the party claiming under the grant first mentioned may, on motion,_remove the cause for trial into the next circuit court to be holden in the district where such suit is pending. If the party so removing the cause is defendant, the removal shall be made under the regulations governing removals of a cause into such court by an alien; and neither party removing the cause shall be allowed to plead or give evidence of any other title than that stated by him as aforesaid as the ground of his c aim. Issues of fact, Sec. 648. The trial of issues of fact in the circuit courts shall be by jury, {ht? tc l-’° ***9 except in cases of equity and of admiralty and maritime jurisdiction, and .y]1.L_.. except as otherwise provided in proceedings in bankruptcy, and by the 2024 Sgpt., {789,73. next section. , S., \`. , p. i. 3 Mar., 1865, c. 86, s. 4, v. 13, p. 501.-Elmore v. Grymes, 1 Pet., 471; De Wolf v. Rabaud, 1 Pet., 497; Crane 1-. Moms's Itessee, 6 Pet., _609; Silsby v. Foote, 14 How., 222; Castle v. Bullard, 23 How., 183; Blair v. Allen, 3 Dill., 101. _1ssues of fac t Sec. 649. Issues of fact in civil cases in any circuit court may be tried mw b1' *h°"°“"· and determined by the court, without the intervention of a jury, when- “‘"` ever the parties, or_ their attorneys of record, file with the clerk a stipu- 3 Mar., 1865. v- lation in writing waiving a jury. The finding of the court upon the facts, 8§»¤·*·*’·l3;}°·_5i[ which maéy be either general or special, sha have the same effect as the G ray h a m r. VGN11C1G 0 8. ]l1I’y. [SM 5 700·] Bayne,18l·{ow.,60; Guild r. Frontin, 18 How., 135; McGavock v. Woodlief, 20 How., 225; Suydam, v. Williamson, 20 How., 432; Kelsey v. Forsyth, 21 How., 85; Campbell r. Bo reau, 21 How., 223; Burr r. Des Moines Company, 1 Wall., 99; Sanlet v. Shepherd, 4 Wyall., 502; Insurance Company r. Tweed, 7 Wall., -14; Generes v. Bonnemer, 7 Wall., 564; Basset v. U. S., 9 Wall., 38; Norris v. Jackson, 9 Wall., 125; Flanders v. Tweed, 9 Wall., 425; Cope land r. Insurance Company, 9 \Vall., 467; Coddington v. Richardson, 10 Wall., 516; Bethel r. Mathews, 13 all., 1; Dirst v. Morris, 14‘Wal1., 484; Insurance Compan 11. Folsum, 18 Wall., 237; French v. Edwards, 21 Wall., 147; Insurance Company, r. des, 21 Wall., 158; J ennisons v. Leonard, 21 Wall., 302; Gilman et al. 1:. Illinois and Mississippi Telegraph Company, 91 U. S., 603. _ Divisionlof opin- h Sing. 650. Whenever, in any civil suit or proceeding in a circuit court mn}'? °“" °““F"7 e y a circuit justice and a circuit judge or a district judge or b a g,°g‘;°,:?,'é;Typr°8ld` circuit judge and a district judge, there occurs any difference of opinion T € between the judges as to any matter or thm1g to_be decided, ru ed, or 2,55, ¤_ 1, v, 17, p, ordered by the court, the opjmon of the pres; ing justice or judge shall 196. prevail, and be considered the opinion of the court for the time being. Division of opin· Sec. 651. Whenever any question occurs on the trial or hearin of i¤¤ is vfitiféivtzl any criminal proceeding before a circuit court upon which the _2 _; are divided in opinion, the point upon which they disagree shall, urmg 29Apr1l, 1802, c. the same term, upon the request o either party, or of their counsel, be 3l,¤36·V·2,g>i;59· stated under the direction of the judges, and certided, under the seal 25, ,,_ ‘j'?°;,_ ,.,";j of the court, to the Supreme Court at their next session; but nothing 1g4g_ hereu; céplntained sltall prevent tha cause from proceeding if, in the opin- ··· ···"—r ion o e court urt er procee in s can be had without re`udice to Orgsé? "· L“· 2 the merits. Imprisonment shall notdie allowed nor unishmlenginflicted It in any case where the judges of such court are divided in opinion upon epburn v. Ell- b . . . . . . my, 2 C,__ 445, thequestion touching the said imprisonment or punishment. [¤•¤5¤°’*·l U. S. v._ Tyler, 7 Cr., 285; Ross v. Trgrlett, 3Wh.,600; U. S. v. Lancaster, 5 Wh., 434; U. S. v. Daniel, 6 Wh., 542; Wayman v. outhard, 10 Wh., 1; Devereaux v. Marr 12 Wh. 212· De Wolf v.Usher, 3 Pet., 269; Saunders v. Gould, 4 Pet., 392; Grant v. Raymond 6 Pet., 218: U.S. v. Bailey, 9 Pet., 267; Davis v. Braden, 10 Pet., 286; Smith v. Van 1ian,10'Pet.; 366; Packer v. Nixon, 10 Pet., 408; Adams v. Jones, 12 Pet., 213; White v. Turk, 12 Pet., 238; U.S. v. Briggs, 5 How. 208; Nesmith v. Sheldon, 6 How., 41; Luther r. Borden, 7 How., 1; U. S. v. hicago 7 I·1ow., 185; Sadler v. Hoover, 7 How., 646; Wilson r. Barnum, B How., 258; Webster r. Cooper, 10 How., 54; Dennistcun v. Stewart, 18 How., 565; U. S. z·._C1ty  of Columbus, 19 How., 385; Silliman v. Hudson River Bridge, 1 Bl., 582; Daniels v. Railroad Company, 3 Wall., 250; Havemeyer 1:. IowaCounty, 3 Wall. 294· Brobst v. Brobst, 4 Wall., 2; U. S. v. Rosenburgh, 7 Wall., 580. i I _ Di_visipr3,ofcpin— Sec. 652. When a iinal judgment or decree is entered in any civil M; °°“”"”» suit onprpceeding before any circuit court held by a circuit (justice and B - . __?. a circuit judge or a district judge, or by a circuit judge an a district 25; -L¤¤;e.J8;9€. <·· judge, in the trgal or hearing w ereof any question has occurred uP0D ,96: ‘ * · * P· which the opinions of the judges were opposed, the point upon which