Page:United States Statutes at Large Volume 18 Part 1.djvu/257

 '1`rrmc xm.—THE JUDICIARY.——Ch. 18. 185 shall be issued from, and made returnable to, the court wherein the judg— 20 M8)', 1826, ¤‘- ment was obtained. 12% V- 4· P- 18* Lyman Ventilating Company r. Southard, 12 Blatch., 405. Sec. 986. All writs of execution upon judgments obtained for the use E¤¤€¢¤*i0¤§ in of the United States, in any court thereof, in one State, may run and be g;?' Qi Unuqd executed in any other State, or in any Territory, but shall be issued from, wes; gt,,::",,,;:} and made returnable to, the court wherein the judgment was obtained. Territory. 3 Mar., 1797, c. 20, s. 6, v. 1, p. 515. Sec. 987. When a circuit court enters judgment in a civil action, either EX°°¤Pl9¤ ¤mY€d upon a verdict or on a finding of the court upon the facts, in cases where °“ °°°dm°"‘ __ such finding is allowed., execution may, on motion of either party, at the 24 Sept-, 1789, ¢‘· discretion of the court, and on such conditions for the security of the 2°»*,V}8·"· lé P· 83· adverse party as it may judge proper, be stayed forty-two days from the 863,, 4T',?} S550? time of entering judgment, to give time to tile in the clerk’s office of said court a petition for a new trial. lf such petition is filed within said term O£,z‘j,p:;*d:x‘* fg of forty-two days, with a certificate thereon from any jud e of such court W,,u__ 6s_ °’ that he allows it to be tiled, which certificate he may maigke or refuse at his discretion, execution shall, of course, be further stayed to the next session of said court. If a new trial be granted, the former judgment shall be thereby rendered void. Sec. 988. In any State where judgments arc liens upon the pl’0pB1'lZy Wheniuglirmentof the defendant, and where., by the laws of such State, defendants are d‘*b°5‘"’““f **}*0** entitled, in the courts thereof, to a stay of execution for one term or more, €§:,;,1_n°°m€ ° °n° defendants in actions in the courts of the United States, held therein, "jg M,,,.‘1828 c_ shall be entitled to a stay of execution for one term. 68, s. 2, iii, p. 281. Sec. 989. lVhen a recovery is had in any suit or proceeding against a Executionnotto collector or other officer of the revenue for an act done by him, or for iS¤¤6 ¤s¤l¤¤t of1i- the recovery of any money exacted by or paidy to him and by him paid Eggs0f j'°"°“g°bH“ into the '1`reasury,_in the performance of his official duty, and the court 0,,,,,, (Q,,,_pr° 3 ° certifies that there was probable cause for the act done by the collector 63w j or other officer, or that he acted under the directions of the Secretary of 76, ,,_ 12;’,,_ 12; Bj the Treasury, or other proper officer of the Government, no execution 741. shall issue against such collector or other officer, but the amount so recov- Andrae r. Redered shall, upon final judgment, be provided for and paid out of the field- 12 Bl¤t°h·» proper appropriation from the Treasury. 40; . Sec. 990. No person shall be imprisoned for debt in any State, on ,0,, g'€},;;""°“'"°“° process issuing from a court of the United States, where, by the laws of mi 1 . such State, imprisonment for debt has been or shall be abolished. And 28 Fg1g_, 1839, c_ all modifications, conditions, and restrictions upon imprisonment for debt, 35, v. 5, p. 321. provided by the laws of any State, shall be applicable to the process 2 1;* g*‘“·» 411%% C- issuin from the courts of the United States to be executed therein; ’ Q `Mg? ,8,,7 ,_ and tge same course of proceedings shall be adopted therein as may be 180, v_ ii, p_ 5.i;;_` adopted in the courts of such State. §OlY_ aldson, 9 Cr., 76; Marshall r. Bazin, 7 N. Y. Leg. Obs., 342; Hodge v. Bemis, 12 Law Rep., 470, S. C., 2 Am. L. J., 337; Gardner r. Isaacson, 1 Ab., 141; Gaines r. Travis, 1 Ab., 422; United States v. Tetlow, 2 Low., 159. Sec. 991. When any person is arrested or imprisoned in any State, Dischaggc from on mesne process or execution issued from any court of the Unite States, :;;*;*3: ‘;‘g;*;°:; in any civil action, he shall be entitled to discharge from such arrest or 6,,,,, ,,,0,.,,% imprisonment in the same manner as if he were so arrested and impris— ————, » oned on like rocess from the courts of such State. The same oath may 6J=m,,180Q,c.4, be taken, and) the same notice thereof shall be required, as may be pro- S- ,?1,"· Allgéjg 3 vided bv the laws of such State, and the same course of proceedings shall v_ 4 ?‘i_ ’°‘ ’ be adopted as may be adopted in the c0u1‘ts_there0f. ut all such pro- zéApm,-1324, ,~_ ceedings shall be had before one of the commissioners of the circuit court 39, ss. 1, 2, v. 4, pp. for the district where the defendant is so held. 19, 2,&ar 1867 C 180, v. 14, p. 543.—King v. Riddle, 7 Cr., 168; Duncan v. Durst, 1 How., 301; li1cNut’t v. Bland, 2 How., 9; Snead r. MeCoull, 12 How., 407. Sec. 992, Persons imprisoned on process issuing from any court of the _ 1{rivileges of jail United States in civil actions, as well at the suit of the United States as ["f*·,g