Page:United States Statutes at Large Volume 18 Part 1.djvu/252

 180 ’1`rrx.n xm.———THE J UD1CIARY.—Ch. 18. bond, with sureties similar t.o the first, for further appearance at the next succeeding term of the court, and if the party fai s to give such other bond an surety, he shall stand committed by order of the clerk until he com lies. Wh¤n¢3|¤1‘k¤¤¤¤Y Sec. 947. liecognizances of special bail may be taken de bene esse by 2::* Wl de b'" the clerks of the circuit and district courts, in the absence or in case of -—8m&’—,,92,c_36, theddisabgityhof the ju<1g§s,lin gny atlticm depending in either of the ,,_ js, v_ ],p_278_ sag cour, vg ere specia aid is cman a e. d mendment of mc. 948. ny circuit or istrict court ma at any time in its isljL’f’°“’· cretion, and upon such terms as it may deem jiist, allow an amendment 1 June, 1872, c. of any process returnable to or before it, where the defect has not preju- @3- ¤- 3. V- 17, P- diced, and the amendment will not injure the party against whom such ‘_ _ process issues. _ _ _ Pfjlqnlgy vf ¢>¤¤9¤ Sec. 949. When a State is a party, or the execution of the revenue Ln “’r,‘° “Sl”° '“ laws of a State is enjoined or stayed, in any suit in a court of the United ~-pus—!Y*———— States, such State or the party claimin under the revenue laws of a 30J°"°’ 1870* State the execution whereof is enjoine or stayed shall be entitled on showing sufficient reason, to have the cause heard at any time aftdr it pI5,g,m%gdU&g,g_ js docketedhin pileference to any civil cause pending in such court be- . o.,. ‘., . ween priva par ies. Noticecf casefcr Sec. 950. In all civil actions in the courts of the United States either El- __ party may notice the same for trial. 28 Feb., 1871, c. 99, s. 17, v. 16, p. 439. Suits 0[Unifpd Sec. 951. In suits brought by the United States against individuals, g*;*‘l€?,l:·g*;“”:v,::£ no claim for a credit shal be admitted, upon trial, except such as apmdim ull0g8d_ pear to have been presented to the accounting, officers of the Treasury, or their exanpnation, and todhave [been by them disajllowed, in whcile nr-. 9 . <=- or in rt un ess it is prove to the satis action of the court that the 2°·“·3v"·1·P·5l4· defenddhtds, at the time of the trial, in possession of vouchers_n0t U. S. •·. Giles, 9 before in his power to procure, and that he was prevented from exhibit- CM 2363 Tl¤¤l¤¤· mg a claim for such credit at the Treasury by absence from the United °°“ “S"“th· 2States or b som a 'd bl 'd t wh; 396%%E_v_ W yU S eun V0l a eacci en. il ins, .,143; lto. . ., 9Wh., 650; C. U. S., 6 P t., 202; U. S.. Reiley, 7 Pet., 25; U. S.; Filldjbrown, 7 Pet., 48; U. Sl); Uobeson, 9 Pgt., 319; U. S. Hawkins, 10 Pet., 125; U. S. r. Laub, 12 Pet., 1; U. S. v. Bank of Metropolis, 15 Pet., 377; Gratiot v. U. S., 4 How., 112; U. S. v. Buchanan, 8 How., 105; DeGro0t v. U. S., 5 gsgl.,l§31,;’   8631:. Eckford, 6 Wall., 484; U. S. v. Gilmore, 7Wall., 491; Halliburton r. . ., al., . In wits under Sec. 952. _N0 claim for a credit shall be allowed upon the trial of any —~—-—»'— agent, or employé of the Post- Hiee De artment, unless the same has 2,3 gl;?'; ?¥¤8;· been presented to the_Sixt.h Auditor and by him disallowed, in whole or  ii in part, or_ unless 1t_1s proved to the satisfaction of the court that the 9 Héwi "gm_ UT;: de endant 1s, at the time of trial, in possession of vouchers not before in ,,_ HOdgL’ ]3’HOw_, hisdpower to procure, and that he was prevented from exhibiting to the
 * ’;’;;:sL1l';’;k‘5h“l suit for delmpuency against a gostmaster, contractor, or other biiicer,
 * 7% wage U. S., said Auditor a claim for such credit by some unavoidable accident.

a .,. Billcfexcepticns. Sec. 953. A bill of exceptions allowed in any cause shall be deemed '_f Ju‘u_f’ ,8*72, Q sufficiently authenticated if signed by the judgle of the court in which 255,s_4,v_`_['[,p_]Q7_ the cause was tried, or by the presidmgljudgc thereof, if more than one pgdgc sat on tlhehtrial of the cause, wit out any seal of court or judge ing annexe thereto. Detects of form; Sec. 954. No summons, writ, declaration, return, process, jud ment, ¤m°¤dm°¤*¤- or other proceedings in civil causes, in any court of the United States, 24 s0p;,,17s9,c, shall be abated, arrested, quashed, or reversed for any defect or want 2gL¤;_1g2Lv._1,p.9L of {pim; hbutfsulph court shall proceed and give judgment according B- 0,, I- _ as the rig t 0 the cause and matter in law shall a r to it, without U, Sl%7.(_li3,m:9g; regarding any such defect, or want of form, except EEZ which, in cases Th?/Iv$p¤¤jn¤j;£l`lc£ of demurrer, the party demurring specially sets dbwn, together with his ""· ·• ii “ demurrer, as the cause thereof; and such court shall amend evcrv such °‘K""°“°"’·a:e .1 tri al-:] h · - ‘· wm,,,,3P€,__ 431; e ec an wan 0 orm, 0 ei t an t ose which the panty demurring so Jackson v. Ashton, expresses; and may at any time permit either of the parties to amend