been actually and necessarily performed as therein stated. All writs of execution upon judgments or decrees obtained in a circuit or district court may run and be executed in any part of such state, but are issued from and made returnable to the court wherein the judgment was obtained. All writs of execution upon judgments obtained for the use of the United States, in any court thereof in one state, may run and be executed in any other state, or in any territory, but are issued from and made returnable to the court wherein the judgment was obtained. In any state where judgments are liens upon the property of 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, defendants in actions in the courts of the United States held therein are entitled to a stay of execution for one term. No person is imprisoned for debt in any state on process issuing from a court of the United States, where by the laws of such state imprisonment for debt has been abolished. And all modifications, conditions, and restrictions upon imprisonment for debt provided by the laws of any state are applicable to the process issuing from the courts of the United States to be executed therein; and the same course of proceedings is adopted therein as may be adopted in the courts of such state. ceedings for the discharge of a person arrested or imprisoned in any state on mesne process or execution from any United States court in any civil action, are had before one of the commissioners of the circuit court for the district where the defendant is held.

Pro

There is annexed to and returned with any writ of error for the removal of a cause, at the day and place therein mentioned, an authenticated |

transcript of the record, an assignment of errors, and a prayer for reversal, with a citation to the adverse party. Every justice or judge signing a citation on any writ of error, except in cases brought up by the United States or by direction of any department of the Government, takes good and sufficient security that the plaintiff in error or the appellant shall prosecute his writ or appeal to effect, and if he fail to make his plea good, shall answer all damages and costs, where the writ is a supersedeas and stays execution, or all costs where it is not a supersedeas as aforesaid. The Supreme Court may, at any time in its discretion, and upon such terms as it may deem just, allow an amendment of a writ of error as to form, provided the defect has not prejudiced, and the amendment will not injure, the defendant in error; and it may also, if in its judgment the purposes of justice require it, allow any amendment, either in form or substance, of any appeal in prize causes. Where, upon a writ of error, judgment is affirmed in the Supreme Court or a circuit court, the court adjudges to the respondent in error just damages for his delay, and single or double costs at its discretion.

For any crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any commissioner of a circuit court to take bail, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate of any state where he may be found, and agreeably to the usual mode of process against offenders in such state, and at the expense of the United States, be arrested and imprisoned, or bailed as the case may be, for trial before such court of the United States as by law has cognisance of the offence. Copies of the process are returned as

speedily as may be into the clerk's office of such court, together with the recognisances of the witnesses for their appearance to testify in the case. And where any offender or witness is committed in any district other than that where the offence is to be tried, it is the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had. Bail is admitted upon all arrests in criminal cases where the offence is not punishable by death; and in such cases it may be taken by any of the persons mentioned as authorised to arrest and imprison. Bail may be admitted upon all arrests in criminal cases where the punishment may be death; but in such cases it is taken only by the Supreme Court or a circuit court, or by a justice of the Supreme Court, a circuit judge, or a judge of a district court, who exercise their discretion therein, having regard to the nature and circumstance of the offence and of the evidence, and to the usages of law.

No indictment is found nor any presentment made without the concurrence of at least twelve grand jurors, but certain crimes not infamous may be prosecuted either by indictment or by information filed by a district attorney. When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offences which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments are found in such cases, the court may order them to be consolidated. No indictment found and presented by a grand jury in any

district or circuit or other court of the United States is deemed insufficient, nor is the trial or other proceeding thereon affected, by reason of any defect or imperfection in matter of form only which does not tend to the prejudice of the defendant. In every case, in any court of the United States where a demurrer is interposed to an indictment, or to any count or counts thereof, or to any information, and the demurrer is overruled, the judgment is respondent ouster; and thereupon a trial may be ordered at the same term, or a continuance may be ordered, as justice requires. If, in the trial of a capital offence, the party indicted peremptorily challenges jurors above the number allowed him by law, such excess of challenges is disallowed by the court, and the cause proceeds for trial in the same manner as if they had not been made. When any person indicted for any offence against the United States, whether capital or otherwise, upon his arraignment stands mute or refuses to plead or answer thereto, it is the duty of the court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party pleads not guilty, or such plea is entered as aforesaid, the cause is deemed at issue, and without further form or ceremony is tried by a jury. In all criminal causes the defendant may be found guilty of any offence, the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offence so charged, provided such attempt be itself a separate offence. Whenever the district attorney deems it necessary, any circuit court may, by order entered on its minutes, remit any indictment pending therein to the next session of the district court of the same district where the offence

charged in the indictment is cognisable by the district court; and in like manner any district court may remit to the next session of the circuit court of the same district any indictment pending in such district court. Any district court may, by order entered on its minutes, remit any indictment pending therein to the next session of the circuit court for the same district when, in the opinion of the district court, difficult and important questions of law are involved in the case. Every indictment of a capital offence presented to a district court, together with the recognisances taken therein, are, by order entered on its minutes, remitted to the next session of the circuit court for the same district.

Whenever a judgment of death is rendered in any court of the United States, and the case is carried to the Supreme Court in pursuance of law, the court rendering such judgment, by its order, postpones the execution thereof from time to time and from term to term, until the mandate of the Supreme Court in the case is received and entered upon the records of such lower court. In case of affirmance by the Supreme Court, the court rendering the original judgment appoints a day for the execution thereof; and in case of reversal such further proceedings are had in the lower court as the Supreme Court directs. In all criminal or penal causes in which judgment or sentence has been rendered, imposing the payment of a fine or penalty, whether alone or with any other kind of punishment, the said judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judgments in civil cases are enforced; provided 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 judgment does not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid. Whenever a poor convict sentenced by any court of the United States to pay a fine, or fine and cost, whether with or without imprisonment, has been confined in prison thirty days, solely for the non-payment of such fine, or fine and cost, he may make application in writing to any commissioner of the United States court in the district where he is imprisoned, setting forth his inability to pay such fine, or fine and cost, and, after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner proceeds to hear and determine the matter; and if on examination it appears to him that the convict is unable to pay the fine, or fine and cost, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the commissioner administers to him the following oath "I do solemnly swear that I have not any property, real or personal, to the amount of $20, except such as is by law exempt from being taken on civil precept for debt by the laws of the state where oath is administered; and that I have no property in any way conveyed, or concealed, or in any way disposed of for my future use or benefit. help me God." And thereupon such convict is discharged, the commissioner giving to the jailer or keeper of the jail a certificate setting forth the facts.

:

LIMITATIONS.

So

No person is prosecuted, tried, or punished for treason or other capital offence, wilful murder excepted, unless the indictment is found within

three years next after such treason or capital offence is done or committed. No person is prosecuted, tried, or punished for any offence not capital, except those against the revenue or slave-trade laws, unless the indictment is found, or the information is instituted, within three years next after such offence has been committed. But these provisions do not extend to any person fleeing from justice. The limitations for offences against the revenue and slave-trade laws is five years. No suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, is maintained, except in cases where it is otherwise specially provided, unless the same is commenced within five years from the time when the penalty or forfeiture accrued; provided that the person or offender, or the property liable for such penalty or forfeiture, is, within the same period, found within the United States, so that the proper process therefor may be instituted and served against such person or property.

THE COURT OF CLAIMS.

The Court of Claims, established by the Act of February 24, 1855, is continued. It consists of a chief-justice and four judges, who are appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behaviour. Each of them takes an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office, and receives an annual salary of $4500, payable quarterly. The court has a seal. The Secretary of the Interior is authorised and directed to procure suitable and necessary rooms for the use and accommodation of the Court of Claims, which now occupies a portion of the building on Pennsylvania

Avenue partly occupied by the Department of Justice.

The Court of Claims holds one annual session at Washington, beginning on the first Monday in December, and continuing as long as may be necessary for the prompt disposition of its business. Any three of the judges constitute a quorum, and may hold a court for the transaction of business. The concurrence of three judges is necessary to the decision of any case. The court appoints a chiefclerk, an assistant-clerk if deemed necessary, a bailiff, and a messenger. The clerks take an oath for the faithful discharge of their duties, and are under the direction of the court in the performance thereof, and for misconduct or incapacity may be removed by it from office; but the court reports such removals, with the cause thereof, to Congress, if in session, or, if not, at the next session. The bailiff holds his office for the term of four years, unless sooner removed by the court for cause. The chief clerk gives bond to the United States in such amount, in such form, and with such security as are approved by the Secretary of the Treasury. The chief clerk has authority, when he has given bond, to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use, and his accounts are settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled.

On the first day of every December session of Congress the clerk of the Court of Claims transmits to Congress a full and complete statement of all the judgments rendered by the court during the previous year, stating the amounts thereof, and the parties in whose favour they were rendered, together with a brief synopsis of the nature of the claims

upon which they were rendered. | And at the end of every term of the court he transmits a copy of its decisions to the heads of departments; to the Solicitor, the comptrollers, and the auditors of the Treasury; to the Commissioners of the General Land Office and of Indian Affairs ; to the chiefs of bureaux, and to other officers charged with the adjustment of claims against the United States.

Members of either House of Congress must not practise in the Court of Claims.

The Court of Claims has jurisdiction to hear and determine the following matters :—

1. All claims founded upon any law of Congress, or upon any resolution of an executive department, or upon any contract, expressed or implied, with the Government of the United States, and all claims which may be referred to it by either House of Congress.

2. All set-offs, counter - claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any person making claim against the Government in this court.

3. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors for relief from responsibility on account of capture, or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, for which he was responsible.

4. Of all claims included under certain Acts to provide for the collection of abandoned property, and for the prevention of frauds in insurrectionary districts within the United States; but this jurisdiction does not extend to claims against the United

States, growing out of the destruction or appropriation of, or damage to, property by the army or navy engaged in the suppression of the Rebellion.

The amount of any final judgment or decree rendered in favour of the claimant in any case transmitted by departments to the Court of Claims, is paid out of any specific appropriation applicable to the case, and where none exists, it is paid in the same manner as other judgments of the

court.

The jurisdiction does not extend to any claim against the Government not pending therein on 1st December 1862, growing out of, or dependent on, any treaty stipulation entered into with foreign nations, or with the Indian tribes.

Aliens who are citizens or subjects of any Government which accords to citizens of the United States the right to prosecute claims against such Government in its courts have the privilege of prosecuting claims against the United States in the Court of Claims whereof it has jurisdiction. Every claim against the United States, cognisable by the Court of Claims, is for ever barred, unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate, or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrued. ProIvided that the claims of married women first accrued during marriage, of persons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, are not barred, if the petition be filed in the court, or transmitted as aforesaid, within three years after the disability has ceased; but no other