such appeal may be taken, within the periods above designated after the entry of the judgment, decree, or order, exclusive of the term of such disability. The appellate court may affirm, modify, or reverse the judgment, Power of apdecree, or order brought before it for review, or may direct such judgment, pellate court on decree. or order to be rendered, or such further proceedings to be had by c the inferior court as the justice of the case may require. writs of error, Writs of error in matters of SEC. 3. That the Supreme Court may at any time in its discretion, and upon such terms as it may deem just, and where the defect has not injured may be amended and the amendment will not prejudice the defendant in error, allow an form, it, &c. amendment of a writ of error, when there is a mistake in the teste of the writ, or a seal to the writ is wanting, or when the writ is made returnable on a day other than the day of the commencement of the term next ensuing the issue of the writ, or when the statement of the title of the action or parties thereto in the writ is defective, if the defect can be remedied by reference to the accompanying record, and in all other particulars of form where the defect has not prejudiced, and the amendment will not injure, the defendant in error; and the circuit and district courts of the United States shall possess the like power of amendment of all process returnable to or before them. Bills of excep be authenticated. SEC. 4. That a bill of exceptions hereafter allowed in any cause shall be deemed sufficiently authenticated if signed by the judge of the court tions, how may in which the cause was tried, or by the presiding judge thereof, if more than one judge sat on the trial of the cause, without any seal of court or judge being annexed thereto; and all process issued from the courts of to bear teste. the United States shall bear teste from the day of such issue. Process when SEC. 5. That the practice, pleadings, and forms and modes of proceeding Practice, in other than equity and admiralty causes in the circuit and district courts pleadings, &c., of the United States shall conform, as near as may be, to the practice, plead- &c., in United except in equity, ings, and forms and modes of proceeding existing at the time in like causes States courts to in the courts of record of the State within which such circuit or district conform to those courts are held, any rule of court to the contrary notwithstanding: Provided, however, That nothing herein contained shall alter the rules of evi-Rules of evidence under the laws of the United States, and as practiced in the courts dence not al thereof. of State court. tered. SEC. 6. That in common-law causes in the circuit and district courts of In commonlaw causes plainthe United States the plaintiff shall be entitled to similar remedies, by attach- tiffs to have the ment or other process against the property of the defendant, which are now remedies by atprovided for by the laws of the State in which such court is held, applicable tachment, &c., provided by to the courts of such State; and such circuit or district courts may, from State laws in like time to time, by general rules, adopt such State laws as may be in force in cases. the State in relation to attachments and other process; and the party recovering judgment in such cause shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided by the laws of the State within which said circuit or district courts shall be held in like causes, or which shall be adopted be adopted as by rules as aforesaid: Provided, That similar preliminary affidavits or proofs, Preliminary and similar security as required by such laws, shall be first furnished by the proofs, &c. party seeking such attachment or other remedy. Such laws to rules. SEC. 7. That whenever notice is given of a motion for an injunction out Injunctions. of a circuit or district court of the United States, the court or judge thereof may, if there appear to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion. Such order may be granted with or without security, in the discretion of the court or judge: Provided, That no justice of the Supreme Justices of the Court shall hear or allow any application for an injunction or restraining Supreme Court order, except within the circuit to which he is allotted, and in causes pend- junctions, exing in the circuit to which he is allotted, or in such causes at such place out- cept, &c. side of the circuit as the parties may in writing stipulate, except in causes not to grant in Indictments, &c., not to be affected by defects in matters of form only. In criminal causes defendants may be found guilty of what offences. Where there are several de where such application cannot be heard by the circuit judge of the circuit, or the district judge of the district. SEC. 8. That no indictment found and presented by a grand jury in any district or circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant. SEC. 9. That 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, That such attempt be itself a separate offence. SEC. 10. That on an indictment against several, if the jury cannot agree fendants the jury upon a verdict as to all, they may render a verdict as to those in regard to may agree upon whom they do agree, on which a judgment shall be entered accordingly; and the cause as to the other defendants may be tried by another jury. a verdict as to some, &c. Another trial for the others. Security on writs of error, &c., to be given within sixty days, or after ward by permis sion. In criminal, &c., cases, judgments for fines, &c., may be enforced by execution as in civil cases. Proviso. In equity suits to enforce claims the district, if there is any absent defendant him to appear, &c. SEC. 11. That any party or person desiring to have any judgment, decree, or order of any district or circuit court reviewed on writ of error or appeal, and to stay proceedings thereon during the pendency of such writ of error or appeal, may give the security required by law therefor within sixty days after the rendition of such judgment, decree, or order, or afterward with the permission of a justice or judge of the said appel late court. SEC. 12. That in all criminal or penal causes in which judgment or sentence has been or shall be 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 shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid. SEC. 13. That when in any suit in equity, commenced in any court of upon property in the United States, to enforce any legal or equitable lien or claim against real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or court may order found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainant's bill at a certain day therein to be designated, which order shall be served on such absent defendant, if practicable, wherever found, or where such personal service is not practicable, such order shall be published in such manner as the court shall direct; 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 discretion, and upon proof of the service of publication of said order, and of the performance of the direc tions contained in the same, it shall be lawful for the court to entertain jurisdiction, and 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 such absent defendant without appearance, affect his property within such district only. Order, how served. Court to have jurisdiction if, &c. Property within the district only affected. Poor convicts sentenced to pay fine and costs, and imprisoned for thirty days for non-pay SEC. 14. That when a poor convict, sentenced by any court of the United States to be imprisoned and pay a fine, or fine and cost, or to pay a fine, or fine and cost, has been confined in prison thirty days, solely for the non-payment of such fine, or fine and cost, such convict may make ment may be dis- 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 charged. Proceedings. fine, or fine and cost, and after notice to the district attorney of the United Discharge of States who may appear, offer evidence, and be heard, the commissioner poor convicts. shall proceed to hear and determine the matter; and if on examination it shall appear to him that such convict is unable to pay such fine, or fine and cost, and that he has not any property exceeding twenty dollars in value, except such as is by law exempt from being taken on execution for debt, the commissioner shall administer to him the following oath: "I do solemnly swear that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil precept for debt by the laws of (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. So help me God." And thereupon such convict shall be discharged, the commissioner giving to the jailer or keeper of the jail a certificate setting forth the facts. SEC. 15. That if at any time after such discharge of such convict it shall be made to appear that in taking the aforesaid oath he swore falsely, he may be indicted, convicted, and punished for perjury, and be liable to the penalties prescribed in section th.rteen of an act entitled "An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes," approved March third, A. D. eighteen hundred and twenty-five. SEC. 16. That the fees of the commissioner for the examination and Fees of comcertificate provided for in this act shall be five dollars day that he shall be engaged in such examination. APPROVED, June 1, 1872. If the convict swears falsely, he may be punished for perjury. 1825, ch. 65, § 13. Vol. iv. p. 118. per day for every missioners. CHAP. CCLVI.—An Act making Appropriations for the Service of the Post-office Department for the Year ending June thirty, eighteen hundred and seventy-three. June 1, 1872. Appropriation for post-office department. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated for the service of the Post-office Department for the year ending June thirtieth, eighteen hundred and seventythree, out of any moneys in the treasury arising from the revenues of said Department, in conformity to the act of July second, eighteen hundred 1836, ch. 270. and thirty-six, as follows: For inland mail transportation, thirteen million twenty-four thousand seven hundred and sixty-three dollars. Vol. v. p. 80. Inland mails. For pay of mail-messengers, six hundred and three thousand six hun- Messengers. dred and seventy-four dollars. For pay of route-agents, nine hundred and thirty-eight thousand and five dollars. For pay of mail-route messengers, seventy thousand eight hundred and forty-one dollars. Route agents. Mail-route messengers. For pay of local agents, fifty-eight thousand four hundred and eighty- Local agents. six dollars. For pay of railway post-office clerks, nine hundred and fifty thousand Clerks. dollars. For pay of baggage-masters in charge of through-mails, six thousand Baggage-mastwo hundred dollars. For foreign mail transportation, three hundred thousand dollars. For ship, steamboat, and way letters, ten thousand seven hundred and fifty dollars. For compensation to postmasters, five million five hundred and twentyfive thousand dollars. For pay of clerks for post-offices, two million eight hundred thousand dollars. For pay of letter-carriers, one million four hundred and twenty-five thousand dollars. ters. For wrapping-paper, thirty thousand dollars. For twine, thirty-eight thousand dollars. For letter-balances, three thousand five hundred dollars. For compensation to blank-agents and assistants, ten thousand dollars. For construction of coal-vaults, six thousand four hundred and twentytwo dollars and thirty-five cents. For altering windows to doors in court-yard, eight hundred and fifty dollars. For altering sky-lights and ventilation, one thousand two hundred and seventy-five dollars. For doors on book-cases, and other repairs thereon, in library and deadletter office, three thousand one hundred and eighty-seven dollars and eighty cents. For advertising, seventy thousand dollars: Provided, That no part of this sum shall be paid to any newspaper published in the District of Columbia for advertising any other mail-routes than those in Virginia and Maryland. For manufacture of adhesive postage-stamps, one hundred and sixty thousand dollars. For manufacture of stamped envelopes and newspaper-wrappers, four hundred and fifty-three thousand dollars: Provided, That no envelope, as furnished by the government, shall contain any lithographing or engraving, and no printing except a printed request to return the letter to the writer. For pay of distributing agent and assistants, and incidental expenses of agency, seven thousand dollars. For mail depredations and special agents, one hundred and thirty thousand dollars. For ten additional special agents, at rates of compensation now provided by law, twenty-six thousand nine hundred and fifty dollars. For chief of division for the office of mail depredations, two thousand five hundred dollars. For mail-bags and mail-bag catchers, one hundred and eighty thousand dollars. For mail-locks and keys, forty thousand dollars. For post-marking and cancelling stamps for offices, twelve thousand dollars. For preparing and publishing post-route maps, twenty-two thousand dollars. For balances due foreign countries, two hundred and fifty thousand dollars. For rent of post-offices, two hundred and fifty thousand dollars. For registered package-envelopes, forty-two thousand dollars. For official envelopes for the use of postmasters, forty-nine thousand dollars. For envelopes for return of dead-letters to the writers, five thousand five hundred dollars. For fees to United States attorneys, marshals, clerks of courts, and counsel necessarily employed by special agents of the Post-office Department, subject to the approval of the Attorney-General, ten thousand dollars. For engraving, printing, and binding drafts and warrants, three thousand dollars. For miscellaneous items, one thousand five hundred dollars. To pay Augustine Bacon, of Georgia, for services as post-route agent, Augustine four hundred and thirty-seven dollars and sixty-nine cents. Bacon. Married wo The bond of any married woman who may be appointed postmaster shall be binding upon her and her sureties, and she shall be liable for men, &c., their misconduct in office as if she were sole. liability and official bonds. Postal money SEC. 2. That the postmaster of every city where branch post-offices or stations are established and in operation, subject to his supervision, is orders may be issued by certain hereby authorized, under the direction of the Postmaster-General, to issue, clerks in charge or to cause to be issued, by any of his assistants or clerks in charge of of branch postbranch post-offices or stations, postal money-orders payable at any other offices, &c money-order office, as the remitters thereof may direct; and that the postmaster, and his sureties, shall in every case be held accountable upon his official bond for all moneys received by him or his designated assistants or clerks in charge of stations from the issue of money-orders under the provisions of this act, and for all moneys which may come into his or their hands, or be placed in his or their custody by reason of the transaction by them of money-order business. And all the provisions of law now in Existing laws force respecting the issue and the payment of money-orders, and the dis- made applicable. posal of money-order funds, in the custody of postmasters, shall apply to all money-orders issued under the authority given by this act, and to all moneys received from the issue thereof. service between SEC. 3. That the following sums, or so much thereof as may be neces- Appropriation sary, be, and the same are hereby, appropriated for the year ending June for steamship thirtieth, eighteen hundred and seventy-three, out of any money in the San Francisco, treasury not otherwise appropriated, namely: Japan, and Additional monthly mail to be contracted for. Pay. ried without ad cepted for such For steamship service between San Francisco, Japan, and China, five hundred thousand dollars. And the Postmaster-General is hereby authorized to contract with the lowest bidder, within three months after the passage of this act, after sixty-days' public notice, for a term of ten years from and after the first day of October, eighteen hundred and seventythree, for the conveyance of an additional monthly mail on the said route, at a compensation not to exceed the rate per voyage now paid under the existing contracts, and upon the same conditions and limitations as prescribed by existing acts of Congress in reference thereto, and the respective contracts made in pursuance thereof; and the contractors under the provisions of this section shall be required to carry the United States United States mails during the existence of their contracts, without additional charge, mails to be caron all the steamers they may run upon said line, or any part of it, or any ditional charge. branch or extension thereof: Provided, That all steamships hereafter ac- What steamcepted for said service shall be of not less than four thousand tons register ships to be aceach, and shall be built of iron, and with their engines and machinery service; shall be wholly of American construction, and shall be so constructed as to be readily adapted to the armed naval service of the United States in to be fitted for case of war, and before acceptance the officers by whom they are inspected the naval service; shall report to the Secretary of the Navy and the Postmaster-General whether this condition has been complied with: Provided, That in all officers thereof cases the officers of the ships employed in the service herein provided for to be citizens, shall be citizens of the United States, and that persons of foreign birth, who have according to law declared their intention to become citizens of the United States, may be employed as though they were citizens within the meaning of this section, or of any act or acts specified in the act of Vol. viii. p. 201. June twenty-eighth, eighteen hundred and sixty-four. And the government of the United States shall have the right in case of war to take for the use of the United States any of the steainers of said line, and in such be taken by the case pay a reasonable compensation therefor: Provided, The price paid case of war. shall in no case exceed the original cost of the vessel so taken, and this Pav. provision shall extend to and be applicable to the steamers of the Brazilian line hereinafter provided for. [The provision referred to for "steamers of the Brazilian line" was stricken from the bill, H. R. 1070.] &c. 1864, ch. 170. Steamers may United States in |