Page:United States Statutes at Large Volume 18 Part 1.djvu/264

 192 Trrmu xm.—THE JUD1CIARY.—Ch. 18. 1 June. 1872, c. an attempt to commit the offense so charged: Provided, That such attempt 255»”·9·"·]7·¥’·l98· be itself a separate offense. Venlirt against Sec. 1036. On an indictment against several. if the jury cannot agree PW ff *********1 upon a verdict as to all, they may rcndcr a verdict as to those in regard l°mt‘.°f°mlamE‘ . to whom the · do agree, on which a. judgment shall be entered accord- 1·;3¤$Jfi;2i)<‘·?gg, ingly; and the cause as to the other defendants may be tried by another F. . '., . · . 'uI,\.· Imimments rc-] Sec. 1037. Whenever the district attorney deems it necessary, any niiiwl by ¢‘i¤‘¤i¤ circuit court may, by order entered on its minutes, remit any indictment
 * ‘("l_‘l_ft" "°“'” pending therein to the next session of the district court of the same dig-

. (dl l ° M' trict. where the oilcnse charged in the indictment is cognizable by tho 8 M8-- l8·*6» <‘· said district court. And in like manner any district court may remit to gl; ?}_LY‘ 9* p" 7% the next session of the circuit court of the same district any indictment U. S. z·. Murphy, pending in the said district court. And such remission shall carry with ?f“'all-_»6*9G U·S· It all rccognizances, processes, and proceedings pending in the case in E)g°.{m’1C“"‘C' the couit from which the remission is made: and the court to which such " " remission is made shall, after the order of remission is iilcd therein, act in the case as if tbz indictment, and all other proceedings in the same, 1ad been ori inate in said court. _Remission_from Sec. 1038.gAny district court may, by order entered on its minutes. g;€3"E)f*° remit any indictment pending therein to the next session of the circuit um., court for the same district, when, in the opinion of such district court, —#—g4————·-EJ? difficult and important questions of law are involved in the case; and 9Sés15E;; $7 pag; thereauponfthe pgocesdipgs ip Euclhkcasc shall. bel the same ini the cirmgit cour as 1 suc in nc men a een origma y oun an presen therein. All capital cases Sec. 1039. Every indictment of a capital otfensc, presented to a district é»— — y - for the same district; and, on the filing of such order and indictment 988 B’¥;'§g· Jsgbug Sith the clerk of such ci§cni(ti_court,tti}iat&c}p£urt shall prpceed t(li1ere§n, in ’’"' e same manner as 1 said in ic men a en orignna y oun an presented therein. Wl!*¤ 8 Q¤Pi*¤l Sec. 1040. Whenever a judgment of death is rendered in any court of $:°S`:';`r;'°;:;'€}?‘l]5_‘: the United States, and the case is carried to the Supreme Quurt in EXW,,,;,,,, pim, pursuance of law, the court rendering such judgment shall, by its order, poned. postpone the execution thereof from time to time and from term to term, 'f{; unti the mandate of the Supreme Court in the case is received and en- 142, ,-_ 15; p_ 3é8_ {ered upon the records of such lower court. In case of atiirmance by the Supreme Court, the court rendering the original judgment shall appoint a day §OI` the) executionl thereon; and in case of reversal, su-ch further procee ings s all be ha in the ower court as the Supreme `O1.ll‘t may direct. Judgments for Sec. 1041. In all criminal or penal causes in which judgment or sen- haw °°1‘ tence has been or shall be rendered, imposing the payment of a tine or £°...-L._,- penalty, whether alonc or with any other kind of punishment, the said 22; Jl";;. {$7:}. ¢‘· judgment, so far as the finc or penalty is concernednniay be enforced by wsj “· "* ‘· ’*Y’· execution against the property of the defendant IH like manner as ]l1dgments in civil cases are enforced: 1’mruIed, That where the judgment directs that the defendant shall be imprisoned until the fine or penalty imposed is paid, the issue of execution on the  udgment shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid. Poor convicts Sec. 1042. When a poor convict, sentenced by any courtof the United S*`{'*°""*d aml lm" States to pav a. fine, or fine and cost, whether with or without impris0n— @%lL'T{E ment, has been confined in prison thirty days, solely for the n0n-pay- 25g guang, Bi'?. c. ment of such fine, or fine and cost, he may make application in writing 198: · ·‘· '» P- to any commissioner of the l mtcd  court m the drstrict where he is mipnsoned. setting torth his mability to pay such imc, or hne and cost, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shall proceed to hear and determine the matter; and if on examination it shall appear to him that such convict is unable to pay such line, or iine and
 * $;’;;**i‘;f"’;‘ df; court, together with the recognizances takcn therein, shall, by order cnmm,,_S_ ° Cu tered on its minutes, be remitted to the next session of the circuit court