Page:United States Statutes at Large Volume 44 Part 1.djvu/957

 943 TITLE 28.--JUDQCIAL ee·m·t· any suit er action, civil or minginal, many ceurt ctthe { med States, may, upon the order gui the court, commencertund ener or an appeal to the circuit courtlet appeals, or to. the
 * e·~et·t·ute,»0r defextdto conclusion any suit/erection, er a writ
 * <e»;e·eza;e Court in such suit or action, including all appellate

,e·e<;<z~ediege, unless the triel court shall certify 111/ writing that ies; the opinion of the c0urt_sut:h appealor writ 0_t error is not gekee itigccd faith, withput being required to prepay ieeslogz tests or fer the printing of the record in the appellate court ter give secutity therefet, before or after bringinglsuit or action, nr txpeai suing out a yérit Gt ofl'01"*_OI‘ appealing, upim filing in “ eeiiiliteeurt e statement under with ln wgitiingythet because of me poverty he is unable te pay the costs of-`said suit or/action ee of such writ of errern or_ appeal, or to givelsecurtty forethe same, and that he believes that he iseutitled to the redress he eeeks in such `suit or action 0a·._writ otherror pr appeal, and 7 alerting ferth briedy the nature ofhts alleged causebt ection, er appeal. In any criminal ease the court may,,upim the tiling in said court ut the andavit hereinbefpre mentioned, direct that the expense bf printing the record on appeal or wrif of erm- be paidby me Umm; sums, amt the same emu be peut when authorized by the Attcmey».General. (July 20,.1892, c. 20i;,` § .1, 27 Stat. 252; June 25,,1910, c.; 435, 36 Stat. 866; June 27, 1922, et-248, 42 Stat. 666.) ‘ .. ~ ‘ " 833. Sgme; false swearing in n£dayit of poverty, perjury.- After aiay such suit or aetion shall heve been brought, the pieintid may answer and avoid a demand for tees_-dr security mrlcests by filing a likeie davit, audi willful fnlseewearing in may ailichvit provided for in this section er section 832 of this titlegehell beepuniehable as perjury is in other eases. (July 20, .1@2,»é._ M9, § 2, 27 Stat, 252.)' 834; Same; process; Witl\4‘.@¢8e·······Thé cmcers of court shall issue, eetve all process, andperform. all duties in such cases, em} witnmee shell attend aein other cases, andthe plaintiff ` shell (hate the same remedies as are provided by law in other <·e:·=ee. ,(‘July`20, 1®2, c. 209, S 3, 27 Stat. 252.) ‘ ‘ · 835. Same; assignment of sttcrheyg dismissal of »cnuse.—·-— The court may request any attorney ct the court te represent ment poor peremt, it itdeems the cause? worthy of in trial, mid _maygdiemies any each cetxee ee lu-eught if it be made to appear that the allegation of poverty is untrue, or if said. court be eetieded the the allegedaeeuee of gestion te frivoloue er mullefims., (Jul 20, 1@2, c. 209, 6 4, 27 Stat. 252.) _, i I 836. Same;  for ents,-—-Judgment may be rendered _ fer enema at the cenelueiexf bf the suit se in other cases: Pr0·_ vided, That the United Stntw elml1_¤et be liable ter any pt the i ceetethtm iueexred. (3,1115* ®, 1@2, c. @9,] -5, 27 Stat. 252.) 837. Suits by seamen without prepgyment et er b0¤d,' for caste.--Cemts of the United Stutw, ineltxding appellate courts, hereafter shell be open te mmen, without, furnishing bonded or lpremyéenteee of or   demit to eecgike {eee or ceem, for the purpose etjeateritxg and p1·€mee¤ting,?sUite§er mitts in their own name md ter their mvebenedt- ter twngee or- salvage and te enforce lem: made fer their health and safety. l (July 12, 1917, c. 27, § 1, 49 Stat. 157 ;, July 1, 1918, c. 113, §_1,‘40 Stat. 838.    in, all districts of Stete.—··-··Al1 write of · exeeetiezg; apex: judgments er   ebtaihed jid _ a district “ com-t, in may State whim is divided into two or mime dietricte, may me and be executed in anrpart or such State; but shell be issued {gem, end made retemeihle to, thexcurti wherein the judgment was  _ (R. S. B 9%.)- » _ 839. Qmeymn Q every  'Iferritery.—g—-All vqfits of exeetititm `ume judgments ¤b£hiu$ ter _ the   ei the United States, in any eeqrf·theree!,gin eee State, may ram and 5e · executed se any ether State, or in. exof—"Te;·ritex·y, but shell be · lseued f1‘0¤l`d!3d,_"B1B.d8 retumame te, the ceurte wherein. tlie judgment was obtained.-” (B. S. S 986.), l A

conn AM) JUBICIARY § S46 _ 840; Same; stay on conditione.~—\¥’hen a district court eeeera judgment in a civil action,. either upon  verdict or on a iindlngof the court upon the facts, in eaaee where enczhdmling is allowed, execution may, on motion fof either party, at the discretion of the court, and on such conditions for the lsecurity of _' the adverse pariy an it may jndge proper, be stayed- forty-two days from the time of entering judgment, » to give time to Hle i_n.the· cIerk’s oinee of said court atpetition for a new trial. If euclfpetition is died within said term of forty-tw“o days, with a eertifleate thereon from any judge of auch court that he allows 'itato be Bled; which certidcate he may make or refuse at his discretion, execution shall, of course,. be further stayed to the next session of said court. If. a new trial he granted, the former judgment shall be otherebyrendered void. (EJS. §` 987.) n. ~ .¤ 841. Same; stay of one term.—·In any {State where judgments are “liens upon the property ot? the defendant, and, where, by _ the laws of such State, defendants are entitled, in the courts thereof, to a stay of execution for one term or more, defend— ante in actions in the courts of the United States, held therelx1,—ahall be entitled to. a stay of execution for one term. (B. S. 5988.) ’. .,t_` »' · 842. 'Sameoagainst olhcera of revenue in, cases of probable cauae.·——Wl1en ’ a recovery is. had in any suit or proceeding against u collector or other omeer qi the revenue for any act oudoxie by him, or for the recovery of any money exacted by or paid to him and by him paid into the Trmanry, in the pen formance of his official duty; and. the court eertidee that there vitae promble cause for the act done by the eolmtor or other odlcer, or that he acted under the direetionsvof the Secretary of the ifrteaaury, or other proper o$cer of the Government, no execution shall inane against such collector ' or other omeer, me the amount so recovered shall, upon anal judgment, obe provided for and paid out of the proper appro—_ e priation fron: the Treasnryl `(R. S. 9 989.) Q. - I- _ 848. Impriaonment for debt.-—-·Noi person shall be imprisoned for debt `in any State, on process iS8lI1B§ from a court of the United States, where, —· by- the laws of such State, ineprieom ment for debt has- been or shall be abolished. FAnd all medi-—§ A mentions, conditions, and xeatrlétions upon W imprisonment for deb<t,_ provided, by ithejlaws of any State, shall be applicable to the proeeea lashing from the courts of the [Lpited Statw to be executed therein; and the Mme course of proeeedings shall be_.adopted therein as ina_y  adopted in the eoarta of such‘State. _ (RQS. ‘§      `§   _ _ . A - { 844. Same; aarcngrgemeeoraxng to State lawyer-4When any person is arreated or lmpriaonedin any State, on mwneoproe-·  eas or execution issued from any "lconrt of the United Statw; in any civil action; he shall be entitled to discharge from auch arrest or imprisonment ln the name manner as if he were eo  arrested and imprisoned on Hike process from the courts of auch State. The same oath may he taken, and the same notice thereof Shall be required, as may he prorided by thenlawe of- _ ancln State, and the mme, course of   shall be adopted aa may be adopted in the courts thereof. Bot all _ sarah  ceedings shall be had before one of the eommiaeioners of the circuit court for to the diat1jiet_ where the defendant o ia so held. (n.s.eoe1.~).<_       L 845{Same; jail lin1lt'a.—$¤<·Efersons imprleoned on procee isaa- ‘ing from any eourt ot the United States an civil actions, as well at the Vault of the United` `States as at the suit of any person; ellall be».entitled to the same privileges of the yards of the N. respective ·jails" aa°~peraons· confined in like eases on s process from the conrtsg of the reepeetive _S_ta.tes are entitled to, and under the like regulations and reetrietionsj (Rf S. geez.) or n ,—» __ F  Q t n   846. Fieri faeins; gppraiéal of goods; appraisers.--When it ls required by the laws of. any State that goods taken in