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district courts

attornies to

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and refpe&tive diftri&s, the same power's, át, thority, and jurisdiction, in all cafés and refpects whatfoevers which are vested by law in the district courts of the United States.

Sec. :22. And be it further enacted, That there hall be clerks for each of the said courts, to Clerks of the be appointed by the judge tliereof, which

to be appointclerks shall refide and keep the records of the este faid courts, at the places of holding the courts, whereto they respectively shall belong, and fhall perform the same duties, and be intitled to and receive the same 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 Marhals and the United States, for the districts, which are act in the lubhereby divided, or within the limits of which new districts are hereby erected, shall continue to be marshals and attornies for the courts hereby appointed to be holden within the limits of their prefent districts respectively, and shall have, exercise, and perform, within the jurifdi&tions of those 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 bc it further enacted, That the Diaria constated sessions of the district court of the diitrict of Maryland of Maryland shall hereafter be holden at Bal. Baltimore ontimore only.

ly. Sec. 24. And be it further enacted, That the district courts of the United States, in and for Distrit cruros the districts of Tennessee and Kentucky, thall sector les * be, and hereby are, abolished; and that all aberites and fingular the powers, authority and juris. diction of the said courts respectively thall be und hereby are veted in, and shall be exer

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cised by the circuit courts, by this act directed to be holden in and for the districts of East Tenneffee, West Tennessee and Kentucky, refpectively, within the limits of their respective

jurisdictions, and that the circuit judges to be cuit to have appointed for the fixth circuit aforesaid, fevethe powers of rally, shall be invested with, possess and exerdistrict judg

cise, all and singular the powers, now vested by law in the district judges of the United States.

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

evidence thereof being shewn to the circuit court, in and for such district, it shall be the duty of such circuit court, from time to time, as occasion may require, to direct one of the judges of faid circuit court, to perform the duties of such district judge, within and for faid district, for and during the period, the inability of the district judge shall continue: And it shall be the duty of the circuit judge, to whom the duties of the district judge shalí be assigned in manner aforesaid, and he is hereby authorized to perform the duties of said district jugge, during the continuance of his disability.

Sec. 26. And be it further enacted, That the

several circuit courts hereby established shall Clerks of the circuit courts have power to appoint clerks for their respecTo he appoint- tive courts; that is to say, one for each dis

trict within which such court is or shall be directed by law to be holden; which clerks refpectively falltake the same oath or affirmation, and give the like bonds, as are by law required to be taken and given by the clerk of the sua preme court of the United States; and shall

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cuit courts ato!ished.

be entitled to demand and receive, for their services respectively, the fame fees, to be recovered in the same manner, as have heretofore been allowed by law, for the like services, to the clerks of the circuit and district courts of the United States.

Sec. 27. And be it further enacted, That the circuit courts of the United States, heretofore Former cirestablished, shall cease and be abolished; and that the records and office papers of every kind, belonging to those courts respectively, shall be safely kept by the clerks thereof, who shall continue in all respects to act as herefore in the business of the said courts, until it shall otherwise be ordered by the courts hereby established.

Sec. 28. And be it further enacted, That the Certain courts supreme, circuit and district courts of the Uni- courts of reted States, shall be, and hereby are, consti- cord. tuted courts of record.

Sec. 29. And be it- further enacted, That all writs and processes whatsoever, issuing from and return of any of the circuit courts, hereby established, writs. shall, after the first day of April next, bear test of the presiding judge of such court; before which time they shall bear test of the Chief Justice of the United States; all which said writs and processes shall be signed by the clerks of the courts respectively, from which the same shall ifsue, and shall be made returnable to the next stated or special session of such court, and all writs and processes which have issued, or which may issue before the first day of April next, returnable to the circuit courts heretofore established, or to any district court acting as a circuit court, shall be returned to the circuit courts hereby established, and Mall be there proceeded in, in the same manner, as

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Sec. 30. And be it further enacted, That
Judges of the every justice of the supreme court of the Unit-

ed States, and every judge of any circuit or. district court shall be, and hereby is, authorized

and empowered, to grant writs of habeas corad inquit, pus, for the purpose of enquiring into the cause

of commitment, and thereupon to discharge fromi confinement, on bail or otherwise : Provided always, That no writ of habeas corpus, to be granted under this act, shall extend to any prisoner or prisoners in gaol, unless such prisoner or prisoners be in custody, under or by colour of the quthority of the United States, or be committed for trial before some court of the same; or be necessary to be brought into court to give testimony.

Sec. 31 And be it further enacted, That the feveral courts of the United States shall be. and hereby are authorized and empowered to grant new trials and 10-hearings, on motion, and cause thewn, and to inake and establish all necessary 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 said 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 em

justices and judges thereof, shall be, and hereby are, authorized and empowered, to admini

fter all necessary oaths and affirmations, and to zal!y, &c.

bind to the peace or good behaviour, with furęty where necessary, in all cases, arising under the authority of the United States....

New trials, re-brarings and practice.

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Sec. 32. And be it further enacted, That every person who fhall be appointed a judge Oath of a cisof any circuit court, hereby eltablished, shall, before he shall begin to exercise che duties of his faid Omce, take the following oath or affirmation; that is to say: “, A. B. do solemnly swear” (or affirm) “ that I will administer justice without respect to perfons; and will do equal right to all persons; 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 constitution and laws of the United States."

Sec. 33. And be it further enacted, That from all final judgments or decrees, in any of Appeals from the diftrict ecurts of the United States, an ap- courts, to the peal, where the matter in difpute, exclusive of circuit courts, costs, shall exceed the sum or value of fifty dol- and from lars, shall be allowed to the circuit court next fupreme coust. to be holden, in the district where such 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 circuitcourt,in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, fhall be allowed to the supreme court of the United States; and that upon such appeal, a transcript of the libel, bill, answer, depositions, and all other pro. ceedings of what kind foever in the cause, shall be transmitted to the said supreme court; and that no new evidence shallbereceived in the said court, on the hearing of such appeal; and that

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