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(ACT of January 6th, 1800.) request of the debtor, proceed to administer to him the following oath or affirmation, as the case may be, viz: “ You solemnly (swear or affirm) that you have no estate, real or personal, in possession, reversion, or remainder, to the amount or value of thirty dollars, other than necessary wearing apparel; and that you have not, directly or indirectly, given, sold, leased, or otherwise conveyed to, or intrusted, any person or persons, with all, or any part, of the estate, real or personal, whereof you have been the lawful owner or possessor, with any intent to secure the same, or to receive, or expect, any profit or advantage therefrom, or to defraud your creditors, or have caused, or suffered to be done, any thing else whatsoever, whereby any of your creditors may be defrauded.” Which oath or affirmation being administered, the judge or commissioners shall certify the same, under his or their hands, to the prison keeper, and the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt, but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor. And the judge or commissioners, in addition to the certificate by them made and delivered to the prison keeper, shall make return of their doings to the district court, with the commission, in cases where a commission hath been issued, to be kept upon the files and record of the same court. And the said judge, or commissioners, may send for books and papers, and have the same authority as a court of record, to compel the appearance of witnesses, and administer to them, as well as to the debtor, the oaths or affirmations necessary for the inquiry into, and discovery of, the true state of the debtor's property, transactions, and affairs.
6. Sec. 111. When the examination and proceedings aforesaid, in the opinion of the said judge or commissioners, cannot be had with safety or convenience, in the prison wherein the debtor is confined, it shall be lawful for him or them, by warrant, under his or their hand and seals, to order the marshal or prison keeper to remove the debtor to such other place, convenient and near to the prison, as he or they may see fit; and to remand the debtor to the same prison, if, upon examination or cause shown by the creditor, it shall appear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause.
7. Sec. tv. If any person shall falsely take any oath or affirmation, authorized by this act, such person shall be deemed guilty of perjury, and, upon conviction thereof, shall suffer the pains and penalties in that case provided. And in case any false oath or affirmation be so taken by the debtor, the court, upon the motion of the creditor, shall recommit the debtor to the prison from whence he was liberated, there to be detained for the said debt, in the same manner as if such oath or affirmation had not been taken.
(ACT of September 24th, 1789.) 8. Sec. v. Any person imprisoned upon process issuing from any court of the United States, except at the suit of the United States, in any civil action, against whom judgment has been, or shall be, recovered, shall be entitled to the privileges and relief provided by this act, after the expiration of thirty days from the time such judgment has been, or shall be, recovered, though the creditor should not; within that time, sue out his execution, and charge the debtor therewith.
1, 64 | Jurisdiction of state courts, 86, 95, 113 Jurisdiction and powers of the courts, 8 Territorial courts,
85 to 16, &c. Judges—to reside in their district, &c. 104 Districts, and district courts, 2, 3, &c. Vermont, district and circuit court, 35, Circuits, and circuit courts, 4, 45, &c.
55, &c, Adjournments,
5, 50, 84, 97 New Hampshire and Massachusetts, 3, Clerks, 6, 69, 75, &c.
55, &c. Appeals and writs of error, 19 to 23, &c Rhode Island
33, 55, &c. Marshals and attorneys, 25, 38, &c. Connecticut and New York,
3, 55, 102 Juries,
26, 63, 78 Pennsylvania, New Jersey, and DelaCosts, 18, 39, 61, 108
ware, 3, 55, &c. Witnesses and depositions, 27, 47, &c. Maryland and Virginia, 3, 55, 72, 109, &c. Abatement,
North and South Carolina, 3–35, 55, &c. Laws of the states to be rules, Sc.
3, 53, 55, &c. Writs and Process,
37, 41, 47 Tennessee, Kentucky, and Olio, 54, 82, Fees, 38, 40, 44, 57, &c.
69, &c. Appraisement,
Maine, Indiana, Mississippi, 98, 118, 121 Bail, 56, 62, 101, 116 Illinois, Alabama,
129, 132 Money to be placed in banks, 119 Louisiana,
103, &c. Reporter,
117, 133 Salaries,-vide index.
[ACT of September 23d, 1789. 2 Bioren, 55, relates exclusively
to salaries, see the article SALARIES, 2.] ACT of September 24th, 1789. 2 Bioren, 56.
An act to establish the Judicial Courts of the United States. 1. Sec. 1. The supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. And the associate justices shall have precedence according to the date of their commissions, or when the commissions, of two or more of them bear date on the same day, according to their respective ages. [Altered as to those parts of the Sec. in italics, infra, 64, 91.] (ACT of September 24th, 1789.) 2. Sec. 11. The United States shall be, and they hereby are divided into thirteen districts, to be limited and called as follows, to wit, one to consist of that part of the state of Massachusetts which lies easterly of the state of New Hampshire, and to be called Maine district; one to consist of the state of New Hampshire, and to be called New Hampshire district; one to consist of the remaining part of the state of Massachusetts, and to be called Massachusetts district; one to consist of the state of Connecticut, and to be called Connecticut district; one to consist of the state of New York, and to be called New York district; one to consist of the state of New Jersey, and to be called New Jersey district; one to consist of the state of Pennsylvania, and to be called Pennsylvania district; one to consist of the state of Delaware, and to be called Delaware district; one to consist of the state of Maryland, and to be called Maryland district; one to consist of the state of Virginia, except that part called the districtof Kentucky, and to be called Virginia district; one to consist of the remaining part of the state of Virginia, and to be called Kentucky district; one to consist of the state of South Carolina, and to be called South Carolina district; and one to consist of the state of Georgia, and to be called Georgia district. [Infra, 42, &c.]
3. Sec. I. There shall be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a district judge, and shall hold annually four sessions, the first of which to commence as follows, to wit, in the districts of New York and of New Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third, Tuesdays of December next; and the other three sessions, progressively, in the respective districts, on the like Tuesdays of every third calendar month afterwards; and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday in December, of each and every year, commencing December next; and the district judge shall have power to hold special courts at his discretion. The stated district courts shall be held at the places following, to wit: in the district of Maine, at Portland and Pounalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, be(ACT of September 24th, 1789.) ginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Ďover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charleston, and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first: and the special courts shall be held at the same place, in each district, as the stat. cd courts, or in districts that have two, at either of them, in the discretion of the judge, or at such other place, in the district, as the nature of the business and his discretion shall direct. And, in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint.
[Alterations have been made by subsequent acts, as to the districts printed above in italics, see Infra, 53, 98, 100, 106, 109, 110, 90, &c.]
Sec. iv, [Classes the districts into three circuits. Altered; see Infra, 65.]
4. Sec. v. [The times for holding circuit courts prescribed. See Infra, 65.] And the sessions of the said circuit court shall be held in the district of New Hampshire, at Portsmouth and Exeter alternately, beginning at the first; in the district of Massachusetts, at Boston; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first; in the district of New Jersey, at Trenton; in the district of Pennsylvania, alternately at Philadelphia and York Town, begin. ning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first in the district of Virginia, alternately at Charlottesville and Wil. liamsburgh, beginning at the first; in the district of South Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall have power to hold special sessions for the trial of criminal causes at any other time, at their discretion, or at the discretion of the su. preme court. [The parts of this Sec. in italics have been altered; Infra, 55.]
5. Sec. vi. The supreme court may, by any one or more of its justices, being present, be adjourned from day to day, until a quorum be convened; and a circuit court may also be adjourned from day to day by any one of its judges, or if none are present, by the marshal of the district, until a quorum be convened; and a dis
(ACT of September 24th, 1789.) trict court, in case of the inability of the judge to attend at the commencement of a session, may, by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the said marshal to such day, antecedent to the next stated session of the said court, as in the said order shall be appointed; and in case of the death of the said judge, and his vacan. cy not being supplied, all process, pleadings, and proceedings, of what nature soever, pending before the said court, shall be continued of course, until the next stated session, after the appointment and acceptance of the office by his successor.
6. Sec. vii. The supreme court, and the district courts, shall have power to appoint clerks for their respective courts; and the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affir. mation, to wit: “I, A. B. being appointed clerk of
do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings, of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities, and understanding. So help me God.” Which words, “so help me God,” shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the supreme and district courts respectively,) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations, of the court of which he is clerk.
7. Sec. viii. The justices of the supreme court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit; “ I, A. B. do solemnly swear or affirm, that I will adminis. ter justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as cording the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God.”
8. Sec. IX. The district courts shall have, exclusively of the courts of the several states, cognizance of all crimes and offences, that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade, of the United States, where the seizures are made on waters which are navigable from the sea