Page:United States Statutes at Large Volume 18 Part 3.djvu/503

 FORTYZTHIRD CONGRESS. Sess. II. C11. 137, 138. 1875. 473 be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur, by a day certain to be designated which order shall be served on such absent defendant or defendants, if, practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; or where such personal servicenpon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six consecutive `weeks ; and in case such absent defendant shall not appear plead, answer, or. demur within the time so limited, or within some further time, to be allowed by the court, in its di cretion, and upon proof of the service or publication of said order, and of the performance of the directions con- Pmteernngs after tained in the same, it shall be lawful for the court to entertain jurisdic- v¤b1i¤¤*»i¤¤» &·<>· tion, aud proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall as regards said absent Effect of jqdgdefendant or defendants without appearance, adect only the property ¤=¢>¤¤» &°-· =¤§M¤¤¤ which shall have been the subject of the suit and under the jurisdiction “°“°"°’ d“f°” ““°‘ of the court therein, within such district. And when :1. part of the said w;,,,,,, property, real or personal property against which suclrproceeding shall be taken partly i_n one and shall be within another district, but within the same State, said suit may gE*m5' m °»¤°*h°¤` be brought in either district in said State; Provided, however, That any S;:Qg°° °f °""’° defendant or defendants not actually personally notified as above provi- ` ded may, at any time within one year after final judgment in any suit · mentioned in this section, enter his appearance in said`suit in said circuit court, and thereupon the said court shall make an order setting aside the Judgment to pa judgment therein, and permitting said detendant or defendants to plead ¤¤* **1** h"¤*g*¤ therein on payment by him or them of such costs as the court shall deem §;‘,fdQf\Q' Q;),°‘;c,§j just; and thereupon said suit shall be proceeded with to iinal judgment my uct1g8d_ according to law. _ - Sec. 9. That whenever either party to a nnal judgment or decree which Death of party has been or shall be rendered in any circuit court has died or shall die 2 intl ii“dS¤;*?¤°» before the time allowed for taking an appeal or bringing a writ of error ,·0Q";,pP§a‘{':r has expired, it shall not be necessary vo revive the suit by any formal of erm expired, proceedings aforesaid. The representative of such deceased party may tile in the office of the clerk of such circuit court a duly certified copy of his appointment and thereupon may enter an appeal or bring writ of ` error as the party he represents might have done. If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be. given hom the Supreme court, as provided in ease of the death of a party after appeal taken or writ of error brought. ‘ Sec. 10. That all acts and parts of acts in eoniliet with the provisions repeal of canof this act are hereby repealed. ¤¤¤*¤¤8 Mw- Approved, March 3, 1875. CHAP. 138.-An act relating to the punishment of the onine of manslaughter. MMGY1 3, 1875- B0 it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever sbal hereafter be Mnusimghmr, convicted of the crime of manslaughter, in any court of the United punishment for. States, in any State or Territory, includingthe District of Columbia, shall be imprisoned not exueedmgiten years, and nned not exceeding one thousand dollars: Provided, That this act shall nr .. affect or apply to any prosecution now pending, or the prosecution of any offence already committed. _ ` Sec. 2. That all acts or ygtrts of acts inconsistent with this act are _B.epeal of inconhereby repealed: Provided, hat said acts shall remain in force for the ¤¤¤'>¤¤° mm punishment of all persons who have heretofore committed the crime of manslaughter. - Approved, March 3, 1875.