Page:United States Statutes at Large Volume 5.djvu/358

This page needs to be proofread.

$22 TWENTY-FIFTH CONGRESS. Sess. III. Ch. 36. 1839. of or found within the district where the suit is brought or shall not voluntarily appear thereto, it shall be lawful for. the court to entertain jurisdiction, and proceed to the trial and adjudication of such suit, between the parties who may be properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties, not regularly served with process, or not voluntarily appearing to answer; and the nonjomder of parties who are not so inhabitants, or found within the district, shall constitute no matter of abatement, or other objection to said suit. _ _ Appointment Sec. 2. And be tt further enacted, That all the circuit courts of the ofclerks—how United States shall have the appointment of their own clerks; and in mm- case of a disagreement between the judges the appointment shall be made by the presiding judge of the court. ' Pecunmy W Sec. 3. And tt further enacted, That pecuniary penalties and nalties, &.e. forfeitures accruing under the laws of the United States may be sued for jzlaejgcrgridrjgr and recovered in any court of competent jurisdiction in the _State -01: dis- ‘ trict where such penalties or forfeitures have accrued, or in which the offender or offenders may be found. No 8,,,,,,, &_c_ Sec. 4. And be it further enacted, That no suit or prosecution shall robemuintain- be maintained, for any penalty or forfeiture, pecuniary or otherwise, $;lcf‘:r5:;’S°;g::· accruing under the laws of the United States, unless the same suit or ,,,,,,,,,,,d w,,,,,,,` prosecution shall be commenced within five years from the time when tive years. the penalty or forfeiture accrued; Provided, The person of the offender P'°'l°°· or the propertyliable for such penalty or forfeiture shall, within the same period, be found within the United States; so that the proper process may be instituted and served against such person or property therefor. _ Certain pun- Sec. 5. And be it further enacted, That the punishment of whipping !;l,:;'j,°““ °l’°l‘ and the punishment of standing in the ·pi1lory, so far as they now are ` provided for by the laws of the United States, be, and the same are hereby, abolished. Penalties, for Sec. 6. And be it further enacted, That, in all cases of recognizances

  • l*° f°Ef°¤¤¤° of in criminal causes taken for, or in, or returnable to, the courts of the

l£$,?%;?‘l,°;°;,,_ United States, which shall be forfeited by a breach of the condition theremined. oi, the said court for or in which the same shall be so taken, or to which the same shall be returnable, shall have authority in their discretion to remit the whole or a part of the penalty, whenever it shall appear to the court that there has been no wilful default of the parties, and that a trial can notwithstanding be hadin the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced. Sm.2 ofeetof Sec. 7. And be it further enacted, That the second section of the act g:°gi*l:;:£2§· of Congress, passed the twenty-ninth day of April, one thousand eight ` ’hundred and two, which makes it the duty of the associate justice of the Sppgleme Court, rpjjdient th; fouirthl circuit, to attend in the city of ington, on t rst on ay o u ust annuall , to make orders rlgespectinlgéjlhe business of the Supreme Cgiurt, be, and the same is, herey, repe . In wits ¤p$l;¢· _ Sec. S. And be it further enacted, That in all suits and actions in any jjffjjsggs :;,8 circuit court of the United States in which it shall appear that both the in my wg cm. judges thereof or the judge thereof; who is solely competent by law to earned, c. try the same, shall be any ways concerned in interest therein, or shall have been of counsel for either party, or is, or are so related to or connected with either party as to render it improper for him or them, in his or their opinion, to sit in the trial of such suit or action, it shall be the duty of such judge or judges, on application of either party to cause the fact tobe entered on the records of the court; and also to make an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certilied to the most convenient circuit court in the next adjacent State, or in the next adjacent circuit; which circuit court shall, upon such record and order being tiled with the clerk there-