and refpective diftricts, the fame powers, au- to be appoint ed. Sec. 22. And be it further enacted, That there shall be clerks for each of the faid courts, Clerks of the to be appointed by the judge thereof, which diftrict courts clerks fhall refide and keep the records of the faid courts, at the places of holding the courts, whereto they refpectively fhall belong, and fhall perform the fame duties, and be intitled. to and receive the fame emoluments and fees, which are established by law, for the clerks of the district courts of the United States refpectively; and that the marfhals and attornies of Marfhals and the United States, for the districts, which are attornies to hereby divided, or within the limits of which act in the fubnew districts are hereby erected, fhall continue divifions of to be marshals and attornies for the courts hereby appointed to be holden within the limits of their prefent diftricts refpectively, and fhall have, exercise, and perform, within the jurifdictions of thofe courts refpectively, all the powers and duties, and receive all the fees and emoluments, appointed and established by law, for the marfhals and attornies of the United States. Sec. 23. And be it further enacted, That the ftated feffious of the diftrict court of the district of Maryland shall hereafter be holden at Baltimore only. Sec. 24. And be it further enacted, That the district courts of the United States, in and for the districts of Tennessee and Kentucky, fhall be, and hereby are, abolished; and that all and fingular the powers, authority and jurifdiction of the faid courts refpectively fhall be and hereby are vested in, and shall be exer K'k their diftricts. District court of Maryland to be held at Baltimore only. District Courts of Tenneffee & Kentucky abolished. In cafe of in a circuit judge may act. cifed by the circuit courts, by this act directed to be holden in and for the diftricts of East Tennessee, West Tennessee and Kentucky, respectively, within the limits of their refpective jurifdictions; and that the circuit judges to be appointed for the fixth circuit aforefaid, feverally, fhall be invefted with, poffefs and exercife, all and fingular the powers, now vefted by law in the diftrict judges of the United States. Sec. 25. And be it further enacted, That in case of the inability of the district judge of eiability of the ther of the diftricts of the United States, to diftrict judge, perform the duties of his office, and fatisfactory evidence thereof being fhewn to the circuit court, in and for fuch diftrict, it fhall be the duty of fuch circuit court, from time to time, as occafion may require, to direct one of the judges of faid circuit court, to perform the duties of fuch diftrict judge, within and for faid diftrict, for and during the period, the inability of the diftrict judge fhall continue: And it fhall be the duty of the circuit judge, to whom the duties of the district judge fhall be affigned in manner aforefaid, and he is hereby authorized to perform the duties of faid diftrict judge, during the continuance of his difability. circuit courts to be appointed. Sec. 26. And be it further enacted, That the feveral circuit courts hereby established shall Clerks of the have power to appoint clerks for their refpective courts; that is to fay, one for each diftrict within which fuch court is or fhall be directed by law to be holden; which clerks refpectively fhall take the fame oath or affirmation, and give the like bonds, as are by law required to be taken and given by the clerk of the fupreme court of the United States; and fhall be entitled to demand and receive, for their fervices respectively, the fame fees, to be recovered in the fame manner, as have heretofore been allowed by law, for the like fervices, to the clerks of the circuit and diftrict courts of the United States. abolished. Sec. 27. And be it further enacted, That the circuit courts of the United States, heretofore Former cir established, shall ceafe and be abolished; and cuit courts that the records and office papers of every kind, belonging to thofe courts refpectively, fhall be fately kept by the clerks thereof, who fhall continue in all refpects to act as heretofore in the business of the faid courts, until it shall ctherwise be ordered by the courts hereby established. Sec. 28. And be it further enacted, That the Certain fupreme, circuit and district courts of the Uni- courts conftited States, fhall be, and hereby are, conftituted courts of record. tuted courts of record. writs. Sec. 29. And be it further enacted, That all writs and processes whatsoever, iffuing from Test, signing any of the circuit courts, hereby eftablifhed, and return shall, after the first day of April next, bear teft of the prefiding judge of fuch court; betore which time they fhall bear teft of the Chief Juftice of the United States; all which faid writs and proceffes fhall be figned by the clerks of the courts refpectively, from which the fame fhall iffue, and thall be made returnable to the next stated or special feffion of fuch court, and all writs and proceffes which have iffued, or which may iffue before the first day of April next, returnable to the circuit courts heretofore established, or to any district court acting as a circuit court, fhall be returned to the circuit courts hereby established, and shall be there proceeded in, in the same manner, as may grant writs of habeas corpus ad inquir. they could, had they been originally returnable to the circuit courts hereby established. Sec. 30. And be it further enacted, That Judges of the every juftice of the fupreme court of the Unitfupreme and ed States, and every judge of any circuit or circuit courts diftrict court fhall be, and hereby is, authorized and empowered, to grant writs of habeas corpus, for the purpose of enquiring into the cause of commitment, and thereupon to difcharge from confinement, on bail or otherwife: Provided always, That no writ of habeas-corpus, to be granted under this act, fhall extend to any prifoner or prifoners in gaol, unlefs fuch prifoner or prifoners be in cuftody, under or by colour of the authority of the United States, or be committed for trial before fome court of the fame; or be necessary to be brought into court to give teftimony. Sec. 31. And be it further enacted, That the New trials, feveral courts of the United States fhall be, and re-hearings hereby are authorized and empowered to grant and practice. new trials and re-hearings, on motion and caufe fhewn, and to make and establish all neceffary rules and regulations, for returning writs, filing pleas, and other proceedings; and for regulating the practice and enforcing the orderly conduct of business, in the faid courts respectively: Provided always, That the faid rules and regulations be not repugnant to the laws of the United States: and that all the courts of the United States, and each of the The courts or juftices and judges thereof, fhall be, and herejudges emby are, authorized and empowered, to adminipowered to fter all neceffary oaths and affirmations, and to adminifter bind to the peace or good behaviour, with furety where neceffary, in all cafes, arifing under the authority of the United States. oaths gene. rally, &c. Sec. 32. And be it further enacted, That every person who fhall be appointed a judge Oath of a cirof any circuit court, hereby eftablifhed, fhall, cuit judge. before he fhall begin to exercise the duties of his faid office, take the following oath or affirmation; that is to fay: "I, A. B. do folemnly fwear" (or affirm)" that I will administer juftice without refpect to perfons; and will do equal right to all perfons; and will, in all things, faithfully and impartially discharge and perform, all the duties incumbent on me as a judge of according to the best of my abilities and understanding, and to the conftitution and laws of the United States." the district courts, to the and from thence to the circuit courts, court. Sec. 33. And be it further enacted, That from all final judgments or decrees, in any of Appeals from the district courts of the United States, an appeal, where the matter in difpute, exclufive of cofts, fhall exceed the fum or value of fifty dollars, fhall be allowed to the circuit court next to be holden, in the district where fuch final fupreme judgment or judgments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine fuch appeal; and that from all final judgments or decrees in any circuit court, in any cafes of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal, where the matter in difpute, exclufive of cofts, fhall exceed the fum or value of two thousand dollars, fhall be allowed to the fupreme court of the United States; and that upon fuch appeal, a tranfcript of the libel, bill, anfwer, depofitions, and all other proceedings of what kind foever in the caufe, thall · be tranfmitted to the faid fupreme court; and that no new evidence shall be received in the faid court, on the hearing of fuch appeal; and that |