Page:United States Statutes at Large Volume 44 Part 1.djvu/953

 939 _ ¤·1r1.n 28.-e-JUDICIAL 1nmre$ h lands, there the Unitizd $tst¤ in me of such tennuts in conimcn nr joint tenants; against the United States ¤l@¤ pr against th»e·U¤iied Stiia andnny other of smh owners, s§é;·v# itvgnnii be` made on the United _“States‘ by. bdnsixw a copy nf the bill med in be served upon the diatriét jttqrney _0t the tzmrict wherein the suit is biougt, and by- matlin: a copy vf the  by registered letter Qto the Attnincy General ot the l`11itéd·S¢&I@; and the` comnlninant in sni:h_bi1I‘shall me with the clgrk of the court in 'whicn such bill is Bled an amwiuvit nf such se:·vi¢.·c and ot the ms.i1mg,0t,sucb letter. It mall be the gun; nf the district attorney $up0n ghom service ¤t‘· tim hill is mntkz ns tnturésaid tp appear-and\&efeud the t sttmemw br the G0\’€I'§3»¤¥¢¤C,`8.Bd` within sixty daysnfter servinc ngynn him ns hnneinab0ve`· unless the time shall nc eniarmd by order ci the cnurt made in the casé, to mg s. pim, gnswer, cr demnrmer on " the Daft of the Government, mad the enum shall pmceed an pther- cases fo®pnrtition Tby courts of equity, gnd in    pnrtitian; the' cohrt shall be governed by the snmc principle; ci! cquityh tbht control warts of equity in apartitinn proceedings between private persons, ’Whenevcr. in suchwsnijt ·thé_Qc0u;·t shall _Q1?d€1‘ ·a stile nf the property-01: ian}; — part thereof; the Attorney Geneml uf the {United States may; in his diSé1‘Eti0§1,’_bid fb:  same in bcnnii of the   States?. ;If the United :Stntéé» shnll be me p~urchase1·, the amount qt tht; puatchagg money shall- Igepaid from I.§€_T¥€l§\ll'Y df the United States upon {warrant drawn by the Sééretn;·,y» of the f1`rea.sury_6n 'thé i=eqq;S;¤0¤’ qt thé Atwmey General. `_ (May 17,}1898, c._ 339,,   lj 2, 30 _§tnt. 416)-, M ‘. —   ·~" _ ‘ ..~__":. 767. Amqzaéinunt of _¤6ceas.—#Any amrmr céutt may at guy titné, in itsl discretion,. ind upon nach terms as it may deem just, alicw an nmcndméntl of any process réturuab1e to or nature it, ieherc the defect has nqt·'px·ej udicedQ and the amendment will not injure the gpm-¢y_. ngninét whom such process issues.}  S. S 948.) _ · .· . i i __ ` 768. Priority nf cues ghére s State ig party.-;-When a State is a party; nt- the execnti1>n,`0t the the revenue laws of a State is enjoined or stayed, in any-init in in court of the United States, such State cr the party claiming   the re-wanna laws nt- n State, the - émacntiun   hs enjoined or- stdyed, sha;} _ be entitled, an smwing sn¤c£entf imma; to havé the canpc heard gt any time nftér it is dcéketed, in preference t0_ any chit muse- pending {nl such court between private parties. (R.8.I9·w.)     ,. ·   . y 769. Naécc of ¢•hg.fm·_ trial:-—$In _ al1.‘;civil" notions an the courts ct me {halted States either party] may notica t!1c.·én¤ie‘ rm- mn; 49.. s. sfmoiy » 4 {,   t 779.   of   nf fact; hi iii!} _¢$ccptions.——·—w-The triaf nt isms nt ject. in the district "c0ur¤,: in all causes except camnin equity and cases kmndminlty ¤mt1.mn;:1time»3u¤1$a1c- ' tina, and except an othetyvix movidcd in proceeding. in bankruptcy,. mil he by jury, In mum of nclmirnlty and maritime jnrisqietinn relating in any mgtter ot contract; of tort arising upqn nr `cpncerniug any dvessel ·0`f twenty tang n burden or up» ward, enmiieti nm! licenmd {mythic coasting t·rndé,‘ and at the timcnmplcycd in the business of ccmmérca and navigation mace: in dmercnt States and- Territories upon the {lakes anti navigable wntérs connecting the lakes, the ti·@nl’.0f issues at tact mall be by jnry when"-either party teq¤iireé` it, (R,8,H566,648.)  .· R  . .» · - 771. Sine; is Qdnifalty c•n¤¤.···-·The'_disfi·1ct courts. of the United l8tntes, in deciding causes of ndmlmlfy gud maritime jm·isd‘1ct1cnAn the tniwtnnm aide of the comm- shall End the, facts and the nnnclusicns of law upon umich it .ren@ra°it5 judg=— ments or decrees. tad sha.}; state nth! jects and concluaions of law sépnrntely. And in fdnding the ··fscts, as hater; prévidcd; ¤¤¥d{®¤¤·¤¤¤J', HDMI the °é<$¤w¤t of the parties who. abil! have t nppemjed and put any matter of fact in issue; and subject to

cczw 41m Jvmczaxzr ,§ 776_ such general rules in the premises as shall he made and previded from time to time, ‘ lmpaml a jury of act lex than ive U the issues of fact in sueh cause, under. t.he§`dlreetion def the court, u in cases at `eommen law. `And the duding oat smh jury, _ unless set aside for lawful cause, shsllbe euter@ `oi record, and stand as the fading oi the court, upea which judmat shall be entered acc{rrdlug*to,lsxs·. {Feb. I3, 1875, c. 77, 5 1, ` 18 Stat. 315; Feb. /13, 1925, »e. 2®, l 1; 43 Stat. 938.) ‘ 772. "Snine; in eqeity ln patent c•u@——·District courts, whm sittiynm in equ1ty‘m¤’ the trial of _ pateht causes, may impauel a jury of not less than five and not more than twelve persons, subject to such general; rules. in the   as may, from time to tithe, be mage by the Supreme Ceurt, and sumlttte 'them such questions of fact arising in auch came as sueh district court shall deem expedieutysnd the verdict et meh i ‘jury¤shallI‘be'treated and proceeded upon m thesame maamrgaud with the sanhe eKect as in the case ofimes seat from ,chancery·*t0_ a' courtscf law and returned with meh  · (Eel;. 16,"1875,‘c. $7, § 2; 1§ Stat. 316.), _ ( n ‘ 1 no - 773. Same; by eourt.·—-Issues et fact in ciril cases in my disme: csuri may be mea me determined by mama, with@ ` the interijentioir of a jury, jwheneuexf we parties, er their attorneys of record, jile withkthe clerk, s  in writing waiving Ya jury; The iindiufof the court upeu the  which may,-be either general or special,  have the same   as the verdict of a jury.-’ (R. S. § 649.) ·· [ ` a  774. Suits by UnitedStates against  ¤¤éi£a.4-——Iu. suits brought _.by ithe United- Statw  iadivldmls, m claim for 8——é1‘€dllZ shall be admittedf Hwa   except meh n as appear to have been presented to the ecwuutig o§eers et . thelfrezisury, for their examination, and te have been by them disallowed, in whole or lu psrt, un·less.·it is proved to the satisfaction of the court that the defendant is,'at the time of the trial, in .p0ssessio,n of vouchers not before in his power to uw. cure, and that he was prevented from- exhibiting a claims fer » such credit at the Treasury byabsence-fmm·t1he United Statw L _.0r by some unavoidable accident. (R. S. { N1,) o ‘ 775; Suits under postal laws; cre&it•.——No claim fer a eredit gauau be allowed upon the trial zof any salt for delinquency agalnst '°a postmaster, contractor, or ether emer,} agwt, or employee oi the Post Omce Departmmt, unless the same has been bresehted to tm General Aecouating 0Ece  by Lit disallowed, in whole er. in part, er unless it is px-ered to the satisfaction of the court that the defendant. ls, at the  et txglal, in po%dou of vouchers net before lu his howé to pm ·» cure, and that he was prevented item exhibiting to the ·0$ce s elalm for auch credit by sem unavoidable aecldeufY (RQ S. `§` 952; June 10, 1921, e.-118,- { 310, 42 Stat. 25.)- . ‘ 776. Bill of ‘exceptlo¤s;· nuthatieatilmp aignhg of by deemed sudlciently, autheuticated it elgued hy the judge of the court in which the- cause was tried, or hy the presiding Judge thereof lf. more than one judge sat at the trial et the cause, without any seal ot the court or- judge aaaex&_thereto. And in casethe judge before Mmm the cause has heretoterd been ormay hereafter he tried iu, by reason ot death, sickness, l a or other disability}, unable to hear and pass uposm the motiea ' for e uew trial and allow sud sigh said bill of exeeptlem, then the judge who succeeds such! trial judge, or any other Tjuclge of the court lu which the cause wes. tried, holdin`: such h court thereafter, it the evidence ia—such muse has been or is taken ain stenographic notes, or lt the said judge is satisfied bi any other means that he eau pass upon such mation and allow _,n·.true bill of exceptions, shall pass upon said motion and allow and sigh such bill ot exceptions; and l his ·"rull¤g upon such wotion and `nllowauce and slgnirig of smh ‘ bill of exceptions shall be as valid as it such ruling and allow-
 * amlrnet more than twelve ,perseus, te whom shall he submitted
 * judge;——¥A hill of exceptiens allowed in any eause shall M