Page:United States Statutes at Large Volume 44 Part 1.djvu/952

 §  TITLE 28.-—-JUDICIAL A pennlties prescribed by the laws ct the United States, commenced in any State where, by` the larva thereof, imprisonment — for debt shall, netv hare been abolished, the person ‘ against whew process is issued shall be held in special  subject to the rules whiclf prevail in civil suits in` which special `bail isreqnired. (R._SG9·12.)  .. ·, _ 758.  giving- bail in me district gd committed in @her.———\’Vhen `a defendant who has procured bail, to respond tn the juglpnent nt atsnlt in any court ot the United Statesin any district is hrierwara arrested in any' other district and is ccrmnitted to a jail, the use of which had lxeen·ceded~ —to` the United Statw for the custody of prisoners, -the judge of the ~ court {wherein the suit in which the. defendant has so procured bail) is depending, shall, at the request of the bail, order that such defendant be held in said `jail, in the custody, of the .marshal_ef the district in whlchit is: The said marshal; upon the delivery of 'such order,. duly authenticated, shall receive such person into his custody, and thereupon be chargeable for an escape, and shall forthwith make a certitlcate, under his hand and seal, ct such commitment? and transxnit the sarne tol the munrrsm which the order issued, and, it ,required,yshall make and deliver to such hail or’·to his attorney a duplicate" » thereof. Uponrthe return of said certidcate, the ·_court which _made- the said order, or any judge thereof, inay direct g that an exoneretur be, entered upon the ballpiece, where special bail, shall hnjve been found, or otherwise discharge such bail, (R. S. it 757.,Sa1ne; defendant held until iudgrinent in Hirst suit:-— When a defendant is committed by Yirtuelof the order provided _ in section 756 of this title¥,`lre shall, unless sooner discharged law, be holden in jail until tlnal judgment is rendered in the suit in Wvhich he precuredfbail as aforesaid and sixty days" thereafter, if such judgment is rendered against him. in order that he may be charged in execution,. which inay*,·in suchicases, be directed to and served by the marshal in whose custody he t is. _(R._ S. 5.944.)  " ’“   -   [_ — l ~758. Bail and allidavits; taking by commissioners.—_Bail‘ andl ,andavits,°when required or allowed in any ciril cause in any l district court, may be taken, by agcqmmissionerof the- district eeurt for the district; and such acknowledgments of ball- and aftidavitél shall have the same etfect as  taken _ before any Ijtidge of such court. (H. S. ~§ 945.)  · _ .. l. 759Q_ Calling of bail in Kentucky.éWhen a. ball bond is given fer the appearance of any person to answer in the district court for 'the district of Kentucky, the, clerk of srich court shallcall party at the time he is boundito appear.- ·_ It the parti fails, the clerk shall entermsuch failure on his IDIHUYQQ and on "said entry judgment may afterward be made of record by_ the court; but if ’the party appears, the clerk shall take another bond, with sureties similar to theilrst, for turther appearance at the next succee¢Il`ng.term ot the court, and if the party fails to give such. other bond and suretjv, he shall stand committed by order o£ the clerk until he complies. (R. S. 5 9-16.; p Y.-, . Y _ W 760. Clerks inay take bail de bene esse‘——Re<:t;gnizances of special, bail may be taken de bene esse by the clerks ot Qc district court, in the absence or in case of theklisabllity of the '»jlldgQ, in any action depending in said court, where specixggl bail is demandable. (RLS.  94,7.) _ T , 761; Proceedings as suits againsfUnited States._———The course of procedure for the district courts and the conrt of claixns in cases under section 41, paragraph 20, and section 250 of this title, in so far»as applicahle and- not iniconsisteut with sections 762 to? 765, and tthe procedure prescribed for ttief court of claims shall he in accoi·dance witlrthe established rules of said respective courts, and of such additions and modidcationis thereofas said courts may adopt. (Mar. 3, 1887, c. 359, 5 4, 2-1

coun AND Jvnzcmar A 933 Stat. 508; Mar.`3, 1911, c..%1, { W7, 36 Sttt. 1168; Feb,.13_ 1925, c. 229,l13,;_43 Stat,941.), _' _, · Y 762. Petition in suit sieinst United States.-——The plaintiff in . any suit brought under the provisions of section 41, mragraph - 20, otthia title shall me an petition, duly verimd with the clerk of the reapective court having jnrisdiction of the case, and int the district where the plaintiff resid&. Such petition shall seth _ iorth the iullename- and residence of the platntw, the nature of his_ claim, and n succinct statement ot tm facts npon which the elaimia based, the money, nor any other thing cls@, glthe damages Qought to be recovered and praying the court for a»judgmen_t or  upon the factaand Kaw. (Har. 3, 1887,, ac. 359,] 5,`24 Stat. 506.), " ·· * · . . ‘ 763. Same; `nervicei appearance by district atterney.-—Tne plaintin shall cause ia copy of his petitbn Bled nnder section 762 of tl1ia‘"title, to be served upon the district attorney of the United States in the district whereinf suit is brought, and shall °malI a copy of the same, by registered letter, to the Attorney General `ot the United; States,- and shall thereupon cause to be `Hled with `the clerk of the court wherein suit is instituted an andarit of auch service andthe matting et such letter, - It shall be the- dutycfthe district attorney upon whom service of petition is made as aforesaid. toappmr and defend the interests ot the.Govermnent in the suit. and within. sixty days‘~afte1; the aerviceYof petition upon hin1.· unless the Ytinae should  extended hy order of the court made in` the case to tile a plea, answer, or demurrer on the part of- the‘G0vernment, and to file a notice of any counterclaim, set·o¤,· claim ifor damage; or other demand or defense whatsoever of the Government in the premises. · Should the district attorney neglect onvrefuse to tile the plea, answer, dennnrrer, or defense, — as required, the plaintiff "may- proceed with Qthe case under such. rulesas the court may adopt `in- the premises; but the plaintiff shall not have judgment or decree for his claim; or any part thereof, unless he shall establish the game by pico! satisfactory to the court. ·(Mar. 3, 1887, c.·59,·§  24 Stat.  764. Opinion, Endings, and coneludena in suit agaimt United Statea.————lt -shall¤he the duty ot the court to cause a written opinion to be illedin the cause, setting forth the apecmc Endings by;_the court ot the facts therein and the conclusions ‘ot',the court upon all- questiona ot law involved in the cane, and tee ' render judgment thereon, r If the suit be in equity or adhlralty, the court shall proceed with the stmeu according to the rules c of such courts. ·~(Mar. 3, 1887, c. 3,%, { ·7, 24 Stat. 506.) _· 7%. Judgment adverse tcJGovern§ent in mit against United States; appeal.--When the Bndinga of fact and the lavrappil- Q cable thereto have been tiled in any cane as provided in aectiori Q L63 of this title, and the judgment or decree is adverse to the Government, it shall be the Zduty of the district- attermy to, transmltlto the Attorney General of the United States certided copi@of‘ all thepapera Hled in the. cause,-_with n tramcript G ° of the testimony taken,. the written dndlnga ot the court, and hla written opinion as to the same; whereupon the Attorgy General shall determine and direct whether an appeal or. writ,. -o£ error ahall be taken or not; and when so directed the .dis·, trict attorney shall cause an appeal or writwof error to be perfected in accordance with the terms of the statutes and rules ot practice. governing the same. From, the”date_ ot; each Baal - judgment Ver decree interest shall be computed thereon, atythe rate not #1 °per centum per annum, until thetime when an' appropriation is majde for the payment of the judgment or decree. (Mar 3, 1887, c. 359, § 10, 2-1 Stat; 507;-YFeb[ 13, 1925, c. _229, ~§ 8, 43_ Stat. 9-10.) J ‘ ·_ · ` 766. Partition suita`where United States ia tenant in common or joint t.¢l\8l\t1····\vVh0ll any suit in equity.) is brought by any tenant in_con1n1on or jointrtenant owning an undivided V‘