Page:United States Statutes at Large Volume 18 Part 1.djvu/254

 182 Trrmu xm.—THE JUDICIARY.——(JH. 18. 2 MM, 179% C- unless the defendant, in open court, exhibits some plea, on oath, by §§§”b,?· V- r PP· which the court is satisfied that a continuance is_necessary to the attain— -—]éI ment of justice; in which case, and not otherwise, a continuance until Pet., icc. i " the next term may be granted. Suits on bonds Sec. 960. lVhen suit is brought on any bond for the recovery of duties iw ¤¤$‘0V¢¤’Y of du- due to the United States, it shall be the duty of the court to grant judg- “‘zn{“‘l§;':“°u;? ment at the return term, upon motion, unless the defendant, in open {gs, ,;,,2 ’ court, (the United States attorney being present,) makes oath that an -—¥-——— error has been committed in the liquidation of the duties demanded upon 222sLg:Q·}79%7g‘ such bond, specifying the errors alleged to have been committed, and P ~?”,Z’6J"’ U- S-» 8 before the said return term; whereupon a continuance mav be granted ° "' until the next term, and no longer, i the court is satisfied that such continuance is necessary for the attainment of justice. Judgment to r Sec. 961. In all suits brought to recover the forfeiture annexed to any mm d“° m °‘i“’*Y articles of agreement, covenant, bond, or other specialty, where the for- '_T_b°°dS’ &°‘ __ feiture, breach, or non-performance appears by the default or confession 24 Sept., 1789, c. of the defendant, or upon demurrer, the court shall render judgment for @0, S-_2§._\¤ 1.9-U; the plaintiff to recover so much as is due according to equity. And when Farrar 1·.U.S.,5 the sum for which judgment should be rendered IS uncertain, it shall, if Pvt-. 373- either of the parties request it, be assessed by a jury. tludgkmcnz for Sec. 962. In all fsuits by th? Unljted States for th; recgvegy ofd duties “’¤·, F-- ° E ° u n imports, oro pena ties ort enon-paymentt ereo , the 'u ent j;':,;?,';  °°l' sliisl recite thatit is rendered for duties, and such judgment, with irigtgest ——-—;—- thereon, and costs, shall be payable in the coin by law receivable for 803 g“¥;··vl8{l§· °· duties; and the execution issued thereon shall set forth that the recovery 49;, ‘ ’’ p' is for duties, and shall require the marshal to satisfy the same in the coin by law receivable for duties; and in case of levy upon and sale of the property of the judgment debtor, the marshal shall refuse payment from any purchaser at such sale in any other money than that specified in the execution. [See s 8014-1 Interastonbonds Sec. 963. Upon all bonds, on which suits are brought for the recovery 8"fl“*‘°“;?- of duties, interest shall be allowed, at the rate of six per centum a year, 222812;*; }73?é,,g· from the time when said bonds became due. interest im bn]- Sec. 961. ln all suits for balances due to the Post—Oflice Department, ¤¤<·c¤ due P08i-Of- interest thereon shall be recovered. from the time of the default, at the 9* p°P“’*m°m· rate of six per centum a year. 2 July, 1836, c. 270, s. 15, v. 5, p. 82. Interest ¤¤ dc- Sec. 965. In suits upon debentures, issued by the collectors of the customs under any act for the collection of duties, interest shall be 22zSMg5··v17f’9i)§· allowed, at the rate of six per centum per annum, from the time when ml; g89_’’such debenture became due and payable. Ihterestonjudg— Sec. 966. Interest shall be al owed on all judgments in civil causes, ¤w¤¥»¤· recovered in a circuit or district court, and may be levied by the mar- 23 A¤S·»l842»¤· shal under rocess of execution issued thereon, in all cases where, by U8·‘;§· YQ13E2t2r the law of the State in which such court is held, interest may be levied q1;;;` ,'j‘jjjm?"§Q,;f under process of execution on judgments recovered in the courts of such N,,,},,,,,] B,,,,} ,.f State; and it shall be calculated from the date of the judgment, at such Mechanics’Nntion~ rate as is allowed by law on judgments recovered in the courts of such alBank,94U.S.,437. Shih When juduments Sec. 967. Judgments and decrees rendered in a circuit or district °l lnlted SW6; court, within any State, shall cease to be liens on real estate or chattels °°"° m real, in the same manner and at like periods as jud ments and decrees of ... -- the courts of such State cease, by law, to be liens iiiercon. 4 July, 1840, c. 43, s. 4, v. 5, p. 393.—Massingill1·. Downs, 7 How., 760; Myers v. Tyson, 18 Blatch., 242. When plaintiff Sec. 968. When, in a circuit court, a plaintiff in an action at law orpctitioncrrecor— originally brought there, or a petitioner in equity, other than the United h,,, a,,,,,,,,,,,, he exclusive of costs, in a case which cannot be brouvht there unless the 1E_Q2am_Q2s-Ogg_, amount in dispute. exclusive of costs, exceeds said sum or value; or a
 * LJ»;lL·i that the same have been notified in writingto the collector of the district
 * ':m'j;$*‘th States, recovers less than the sum or value of five hundred dollars,