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and respective districts, the fame powers, ani, thority, and jurifdiction, in all cafés and respects whatsoever, which are vested by law in the district courts of the United States.

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Clerks of the

diftrict courts to be appoint

attornies to

Sec. 22. And be it further enacted, That there fhall be clerks for each of the faid courts, to be appointed by the judge thereof, which clerks fhall refide and keep the records of the ed 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 marshals and attornies of Marthals and the United States, for the districts, which are act in the fubhereby divided, or within the limits of which divifions of new districts are hereby erected, fhall continue to be maríhals and attornies for the courts hereby appointed to be holden within the limits of their prefent districts respectively, and fhall have, exercise, and perform, within the jurif dictions of thofe courts respectively, all the powers and duties, and receive all the fees and emoluments, appointed and established by law, for the marthals and attornies of the United States.

Sec. 23. And be it further enacted, That the ftated feffions of the district court of the district of Maryland shall hereafter be holden at Baltimore only.

... Séc. 24. And be it further enacted, That the district courts of the United States, in and for the diftricts of Tenneffee and Kentucky, fhall be, and hereby are, abolished; and that all and fingular the powers, authority and jurif. diction of the faid courts respectively fhall be and hereby are vefted in, and fhall be exer

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their districts

Diarist cons of Maryland Baltimore on

to be held at

ly.

District courts

en city abies,

of Lenn jlesz

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Judges for the 6th cir

ifed by the circuit courts, by this act directed to be holden in and for the diftricts of East Tenneffee, Weft Tenneffee and Kentucky, respectively, within the limits of their refpective jurifdictions; and that the circuit judges to be cuit to have appointed for the fixth circuit aforefaid, fevethe powers of rally, fhall be invested with, poffefs and exerdistrict judg- cife, all and fingular the powers, now vested by law in the district judges of the United States.

es.

ability of the

Sec. 25. And be it further enacted, That in In cafe of in- case of the inability of the district judge of eidiftrict judge, ther of the districts of the United States, to a circuit judge perform the duties of his office, and fatisfactory

may act.

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 diftri&t judge, within and for faid district, for and during the period, the inability of the diftrict judge fhall continue: And it shall 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 district judge, during the continuance of his difability.

Sec. 26. And be it further enacted, That the Clerks of the feveral circuit courts hereby established fhall circuit courts have power to appoint clerks for their refpecto he appoint- tive courts; that is to fay, one for each dif trict within which fuch court is or fhall be directed by law to be holden; which clerks refpectively shall 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 refpectively, the fame fees, to be recovered in the fame manner, as have heretofore been allowed by law, for the like fervices, to the tlerks of the circuit and diftrict courts. of the United States.

cuit courts

abolished.

Sec. 27. And be it further enacted, That the circuit courts of the United States, heretofore Former cireftablished, fhall ceafe and be abolished; and that the records and office papers of every kind, belonging to thofe courts refpectively, fhall be fafely kept by the clerks thereof, who fhall continue in all refpects to act as herefore in the business of the faid courts, until it fhall otherwife be ordered by the courts hereby established.

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constituted

Sec. 28. And be it further enacted, That the Certain courts fupreme, circuit and district courts of the Uni- courts of reted States, fhall be, and hereby are, conftituted courts of record.

cord.

Teft, figning

Sec. 29. And be it further enacted, That all writs and proceffes whatsoever, iffuing from and return of any of the circuit courts, hereby established, writs. fhall, after the first day of April next, bear teft of the prefiding judge of fuch court; before 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 fhall 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 fame manner, as

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fupreine and

circuit courts

may grant

beas corpus

ad inquir.

they could, had they been originally returna-
ble 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 United States, and every judge of any circuit or district court shall be, and hereby is, authorized writs of ha- and empowered, to grant writs of habeas corpus, for the purpofe of enquiring into the caufe 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 neceffary to be brought into court to give testimony.

New trials, re-hearings and practice.

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Sec. 31 And be it further enacted, That the feveral courts of the United States fhall be, and hereby are authorized and empowered to grant new trials and re-hearings, on motion, and caufe fhewn, and to make and establish all neceffary rules and regulations, for returning writ, 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 The courts or Courts of the United States, and each of the judges emjuftices and judges thereof, fhall be, and here powered to adminifter by are, authorized and empowered, to adminifter all neceffary oaths and affirmations, and to bind to the peace or good behaviour, with furety where neceffary, in all cafes, arifing under the authority of the United States....

oaths genezally, &c.

1

cuit judge.

Sec. 32. And be it further enacted, That every perfon who fhall be appointed a judge Oath of a cirof any circuit court, hereby eftablifhed, fhall, before he shall 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 adminifter justice without refpect to perfons; and will do equal right to all perfons; and will, in all things, faithfully and impartially difcharge 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. "

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the district

thence to the

fupreme court.

Sec. 33. And be it further enacted, That from all final judgments or decrees, in any of Appeals from the diftrict courts of the United States, an ap- courts, to the peal, where the matter in difpute, exclufive of circuit courts, cofts, fhall exceed the fum or value of fifty dol- and from lars, fhall be allowed to the circuit court next to be holden, in the diftrict where fuch final 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 such 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 transcript of the libel, bill, anfwer, depofitions, and all other proceedings of what kind foever in the cause, fhall be tranfmitted to the faid fupreme court; and that no new evidence fhall be received in the faid court, on the hearing of fuch appeal; and that

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