64
ted States may alter the times limited or allowed for different proceedingsin the state courts, and make, by rule, such other provisions as may benecessary to adapt the said laws of procedure to the organization of suchcourt of the United States , and to avoid any discrepancy, if any suchshould exist, between such state laws and the laws of the United States .
Sec. 2. And be it further enacted, That petit jurors, for the trial of allcauses, as well civil as criminal, shall be designated, summoned, and re-turned in the manner that now is directed by the laws of the said state,with respect to jurors, to serve in the district courts of the said state ofLouisiana , and that all the duties directed by such state laws to be per-formed by the sheriffs and clerks, in relation to the designation, summon-ing, and returning, such jurors, shall be performed by the marshal of theUnited States and the clerk of the court of the United States , in the dis-trict where such court of the United States shall sit, and that the petitjurors to serve in such court of the United States , shall be taken from theparish in which said court holds its sessions, but, that the grand jurorsmay come from any part of the district, and may be summoned and em-pannelled by the marshal, in the manner now prescribed, and themarshal, for the purpose of designating such petit jurors, shall takethe names of all persons liable to serve as jurors, from the list madeby the sheriff, for the purpose of drawing jurors for the district court ofthe state; and such number of jurors shall be drawn for each term ofsuch court of the United States , or for such portion of each term, as thecourt may, by its rules, direct; Provided, That nothing herein contained,shall be so construed as to prevent the judge of any of the said courts ofthe United States from directing a jury to be summoned from any otherparish within the district, whenever it may be necessary to secure an im-partial trial; but that, in all such cases, the names of the jury shall be alsodesignated, by lot, in the manner directed by the laws of the state, fordesignating jurors to serve in the district courts: And provided, also,That special juries may be directed for the trial of any particular civilcause, by the consent of parties, but not otherwise.
Approved, May 26, 1824.
upon the question of law, by a bill of exceptions. If there be any mistake of the facts, the court belowis competent to redress it, by giving a new trial. Parsons v. Bedford et al., 3 Peters, 433.
In the district court of Louisiana , the defendant pleaded the plea of reconvention, which is author-ized by the Code of Practice in Louisiana . The district court, on motion of the plaintiffs, ordered theplea to be stricken off. The Code of Practice in Louisiana was'adopted in Louisiana , by a statute ofthat state, passed after the act of Congress of May *26, 1824, regulating the practice of the districtcourt of the United States for the eastern district of Louisiana , and the practice according to that codehas not been adopted as a part of the rules of practice of the district court, when the plea was strick-en off. Held, that the plea was properly stricken off. Wilcox et al. v. Hunt, 13 Peters, 378.
In the case of Livingston v . Story, which was before the court in 1835, (9 Peters, 655,) the court tookoccasion to examine the various laws of the United States establishing and organizing the district courtof the eastern district of Louisiana , and to decide whether that court had equity powers; and if so,what should be the mode of proceeding in the exercise of those powers. The various cases which hadbeen before the court, involving substantially the same question, in relation to states where therewere no equity state courts, or laws regulating the practice in equity causes, were referred to, and theuniform decisions of the court have been, that there being no equity state courts did not prevent theexercise of equity jurisdiction in the courts of the United States ; and it was accordingly decided thatthe district court of Louisiana was bound to proceed in equity causes, according to the principles, rulesand usages, which belong to courts of equity as contradistinguished from courts of law. Gaines et al.u. Relf et al., 15 Peters, 9.
When a party seeks relief, which is mainly appropriate to a court of chancery jurisdiction, in thecircuit court of the United States for Louisiana , chancery practice must be followed. McCollum v .Eager, 2 Howard, 61.
It is impossible to lay down any general rule as to what constitutes multifariousness in a bill in equity.Every case must be governed by its own circumstances, and the court must exercise a sound discretion.Gaines et ux. v. Relf et al., 2 Howard, 619.
The exercise of chancery jurisdiction, in the courts of Louisiana , does not introduce any new orforeign principle. It is only a change in the mode of redressing wrongs and protecting rights. Ibid .
tice in the dis-trict courts ofthe State.
Petit jurorsfor the trial ofall causes, civilor criminal,shall be desig-nated, sum-moned, and re-turned in themanner that isnow directed bythe laws of thestate.
Proviso.
Proviso.