« ΠροηγούμενηΣυνέχεια »
45. Sect. VII. If any officer herein before inentioned, or his depu. ty, shall by reason or color of his office, wilfully and corruptly demand and receive any greater fees than those allowed by this act, he shall on conviction thereof in any court of the united states, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be.
Sect. VIII. is a repealing clause.
46. Sect. IX. It shall be the duty of the clerk of the supreme court of the united states, forthwith to transmit to the clerks of the several circuit courts, the form of a writ of error, to be approved by any two of the judges of the supreme court, and it shall be lawful for the clerks of the said circuit courts to issue writs of error agreeably to such forms, as nearly as the case may admit, under the seal of the said circuit courts, returnable to the supreme court, in the same manner as the clerk of the supreme court may issue such writs, in pursuance of the act, entitled "An act to establish the judicial courts of the united states.” [See antza 22, and seq.]
47. Sect. X. It shall and may be lawful for the clerks of the district and circuit courts, in the absence, or in case of the cisalility of the juuges, to take recognizances of special bail, de bene esse, in any aclion , depending in cither of the said courts, and also the affidavits of all
surveyors relative to their reports, and to administer oaths to all persons identifying papers found ca buard of vesseis or elsewhere, to be used on trials in admiralty causes.
48. Sect. XI. In all suits and adljons in any district court of the united states, in which it shall appear that the judge of such court is, any ways concerned in interest, or has been of counsel for either party, it shall be the duty of such judige on application of cither party, to cause the fact to be entered on tiie minutes of the court, and also to order an authenticated copy thercol, with all the proceedings in such suit or action, to be forth with certified to the next circuit court of the district, whici circuit court stail, thereupon, take cognizance thereof, in the like ner; as it it had been originally coinmenced in that court, and shall proceed to hear and determine the same accordingly.
49. Sect. XII. All the records and proceedings of the court of appeals heretofore appointed, previous to the acnptionof the present constitution, shall be cieposited in 1.20 ofice of the clerk of the supreme court of the united states, vino is hereby authorized and directed to give copies of all such records and proceedings, to any person requiring and payi: 3 for the sale, inalise in der', as copies of the records and other proceedings of the sail court are by law directed to be siren: Which copies shall have en huita and crcuit, as all other proceedings of the said couri.
ACT of March 2, 1793. (Vol. II. p. 225.) 50. SECT. I. The aitenda:ce of only one of the justices of the sue preme court, at the several circuit courts of the united states, to be hereafter livliy shall be suficient a low requiring the altendance of
two of the said justices notwithstanding: Provided, That it shall be lawful for the supreme court, in cases where special circumstances shall, in their judgment, render the same necessary, 10 assign two of the said justices to attend the circuit court or courts, and it shall be the duty of the justices so assigned, to attend accordingiy, and frorid:d also, That when only one judge of the supreme court skall attend any circuit cout, and the distric juice shall be absent, or shall have been of counsch, or be concerned in interest in any cause, then pending, such circuit court may consist of the suid judge of the supreme court alone. (See postea 35.]
51. SECT. II. If at any time only one judge of the supreme court, and the judge of the district shall sit in a circuit court, and upon a fibal hearing of a cause, or of a plea to the jurisdiction of the court, they shall be divided in opinion, it shall be continued to the succeeding court; and if upon the second hearing when a cifferent judge of the supreme court shall be present, a like division shall take place, the district judge adhering to his former opinion, judgment shall be rendered in conformity to the opinion of the presiding judge. [See postea 84, 85.]
52. SECT. III. The supreme court, or when the supreme court shall not be sitting, any one of the justices thereof, together with the judge of the cistrict within which a special session, as hereafter authorized, shall be holden, inay direct special sessions of the circuit courts to be holden for the trial of criminal causes, at any convenient place within the districi, nearer to the place where the offences may be said to be committed, than the place or places, appointed by law for the ordinary sessions : The clerk of such circuit couri shall, at least thirty days before the commencement of such special session, cause the time and place for holding the same, to be notified for at least three weeks successively, in one or more of the news-papers published nearest to the place where the session is to be holden: All process, writs and recognizancus of every kind, whether respecting juries, witnesses, bail or otherwise, which relate to the cases to be tried at the said special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto : Any special session may be ailjourned to any time or times prerious to the next stated meeting of the circuit court : All business depending for trial at any special court, shall at the close thereof be considered as of course removed to the next stated term of the circuit couri : And the district courts of Maine and Kentucky, shall have like power to hold special sessions for the trial of criminal causes, as hath beun heretofore given, or is hier by given to the circuit courts, subject to the like regulations and restrictions. (Seeuntea 5, 10.]
53. Sect. IV. Bail for appearance in any court ofthe united states, in any criminal cause in vilica bail is by law allowed, may be taken by any judge of the united states, any chancellor, judge of a supreme or superior court, or chief or ürst judje of a court of connon pleas of any state, or mayor of a city in either of them, and by anv person having authority from a circuit court, or the district couits of liaine or Á Dtucky lo lake bail; which alihority, revocable at the discretion of such court, any circuit court or either of the district courts of Maine or Kentucky, may give to one or more discreet persons, learned in the law, in any district for which such court is holden, where, from the extent of the district, and remoteness of its parts from the usual residence of any of the before named officers, such provision shall, in the opinion of the court be necessary. Provided, That nothing herein shall be construed to extend to taking bail in any case where the punishment for the offence may be death; nor to abridge any power heretofore given by the laws of the united states, to any description of persons to take bail.
54. Sect. V. Writs of ne exeat and of injunction may be granted by any judge of the supreme court in cases where they might be granted by the supreme or a circuit court; but no writ of ne exeat shall be granted unless a suit in equity be commenced, and satisfactory proof shall be made to the court or judge granting the same, that the defendant designs quickly to depart from the united states; nor shall a writ of injunction be granted to stay proceedings in any court of a state; nor shall such writ be granted in any case without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the same.
55. Sect. VI. Subpænas for witnesses who may be required to at. tend a court of the united states in any district thereof, may run into any other district: Provided, That in civil causes, the witnesses living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same.
56. Sect. VII. It shall be lawsul for the several courts of the united states, from time to time, as occasion may require, to make rules and orders for their respective courts, directing the returning of writs and processes, the filing of declarations and other pleadings, the taking of rules, the entering and making up judgments by default and other matters in the vacation and otherwise in a manner not repugnant to the laws of the united states to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings,
- 57. Sect. VIII. Where it is now required by the laws of any state, that goods iaken in execution on a writ of fieri facias, shall be appraised, previous to the sale thereof, it shall be lawful for the appraisers appointed under the authority of the state, to appraise goods taken in exe. cution, on a fieri facias issued out of any court of the united states, in the same nianner as if such writ had issued out of a court held under the authority of the state; and it shall be the duty of the marshal, in whose custody such goods may be, to summon the appraisers, in like manner, as the sheriff is by the laws of the state required to summon them: And the appraisers shall be entitled to the like fees, as in cases of appraisements under the laws of the state: And if the appraisers, boing duly summoned, shall fail to attend and perform the duties required of thein, the marshal may proceed to sell such goods without in appraisement.
Act of May 19, 1794. (Vol. III. p. 67.) 58. A circuit court in any district, when it shail happen that no justice of the supreme court attends within four days after the time appointed by law for the commencement of the session, may be adjourned to the next stated term by the judge of the district, or in case of his absence also, by the marshal of the district.
Act of June 9, 1794. (Vol. III. p. 119.) 59. Sect. I. The district judges of the united states shall be authorized t) appoint a commissioner or commissioners, before whom, apprais rs of ships or vessels, or goods, wares and merchandise, seized for breaches of any law of the united states, may be sworn or alfirmed ; and such qualifications made before such commissioner or commissioners, shall be, to all intents and purposes, as effectual, as if the same were taken before the said judges in open court.
Sect. III. IV. V. VI. are repealed.
60. SECT. VII. So much of the act to establish the judicial courts of the united states, as is, or may be construed to require the attendance of the marshals of all the districts, at the supreme court, shall be, and the same is hereby repealed ; and the said court shall be attended, during its session, by the marshal of the district only, in which the court shall sit, unless the attendance of the marshals of other distrias shall be required by special order of the said court. (See antea 27.]
Act of December 12, 1794. (Vol. III. p. 136.) 61. Whereas, by the twenty-second section of the acl entitled, “An i act to establish the judicial courts of the united states," it is provided, that “every justice or judge signing a citation on any writ of error, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he ful to make his plea good.” And whereas doubts have arisen as to the extent of the security to be required in certain cases :
It is enacted and declared, That the security to be required and taken on the signing of a citation on any writ of error, which shall not be a supersedeas and stay execution, shall be only to such an amount, as in the opinion of the justice or judge taking the same, shall be suficient to answer all such costs, as, upon an affirmance of the judg. ment or decree, may be adjudged or decreed to the respondent in error, (see antea 22.]
ACT of January 31, '1797. (Vol. III. p. 378.) 62. Sect. II. To the end, that the act, entitled, “ An act to estab. lish the judicial courts of the united states,"* may be duly administered within the state of Tennessee : It is enacted, That the said state shall be one district, to be denominated Tennessee district, and there shall be a district court therein, to consist of one judge, who shall reside in the said district, and be called the district juage, and annually hold four sessions ; and the said judge, shall, in all things, have, and exercise the same jurisdiction and powers, which by law, are given to the judge of the district of Kentucky. [Altered, see postea 93 and seg, and see antea 10.) * See i and seq.
[ 40 ]
ACT of July 16, 1798. (Vol. IV. p. 231.) 63. The judges of the supreme court, and of the several district courts of the united states, and all judges and justices of the courts of the several states, having authority by the laws of the united states to take cognizance of offences against the constitution and laws thereof, shall respectively have the like power and authority to hold to security of the peace, and for good behavior, in cases arising under the constitution and laws of the united states, as may or can be lawfully exercised by any judge or justice of the peace of the respective states, in cases cognizable before them.
ACT of February 28, 1799. (Vol. IV. p. 272.) 64. Sect. I. From and after the passing of this act, the compen. sation to the several officers hereinafter mentioned, shall be as follows, to wit: To the marshals of the several districts of the united states, for the service of any writ, warrant, attachment or process issuing out of any courts of the united states, two dollars-and in case there be more than one person named in the said writ, warrant, attachment or process, then two dollars for each person so named ; for his travel out in serving each writ, warrant, attachment or process aforesaid, five cents, per mile, to be computed from the place of service, to the court where the writ or process shall be returned ; and if more persons than one are named therein, the travel shall be computed from the court to the place of service which shall be the most remote, adding thereto, the extra travel which shall be necessary to serve it on tive other; for each bail bond, fifty cents ; for actually summoning witnesses or appraisers, each fifty cents ; for every commitment or discharge of a prisoner, fifty cents ; for every proclamation in the admiralty, thirty cents ; for sales of vessels, or other property, and for receiving and pay. ing the money, for any sum under five hundred dollars, two and one half per cent; for any larger sum, one and one quarter per cent, upon the excess ; for summoning each grand and other jury, four dollars : Provided, That in no case shall the fees for summoning jurors to any one court, exceed fifty dollars; and in those states where jurors, by the laws of the state, are drawn by constables, or other officers of corporate towns or places, by lot, the marshal shall receive for the use of the officers employed in summoning the jurors and returning the renire, the sum oftwo dollars, and for his own trouble in distributing the venire, the sum of two dollars ; for attending the supreme or circuit court, five dollars per day ; and for attending the district court, where such court has the powers and cognizance of a circuit court, five dollars per day ; and for attending the district courts in other cases, four dollars per day, and at the rate of ten cents per mile, for his travel from the place of his abode to either of the said courts--for all other services, not herein enumerated, except as shall be hereafter provided, such fees and compensations as are allowed in the supreme court of the state where such services are rendered: And the annual sum of two hundred dollars as a full compensation for all extra services, shall be allowed to each marshal for the districts of Tennessee, Kentucky, New-Hampshire, Vermont and Maine.