Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Marthals and

divisions of

and refpe&tive diftri&s, the same powers, all, chority, and jurisdiction, in all cafés and re. fpects whatsoevers which are yested by law in the district courts of the United States, . :: Sec, 22. And be it further enacted, That there ;fhall be clerks for each of the said courts, to Clerks of the

district courts be appointed by the judge thereof, which to be a clerks fhalt reside and keep the records of the esta 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 refpect tirely' , and that the marshals and attornies of

0 attornies to the United States, for the districts, which are act in the fube hereby divided, or within the limits of which

- their districts 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 perforn, within the jurifdigions of those courts respectively, all the powers and duties, and receive all the fees and emoluments, appointed and established by law, for the marshals and attornies of the United States. . . . - Sec. 23. And be it further enacted, That the Ditriæ cauza ftated féilions of the district court of che diítrict

rice cou l eursie to be held at of Maryland shall hereafter be holden at Bal- Baltimore ons timore only. ..'

Séc. 24. And be it further enacted, That the district courts of the United States, in and for District crur" the districts of Tennicffee and Kentucky, shall : be, and hereby are, abolished; and that all aboriches, and fingular the powers, authority and juris. diction of the said courts respectively shall be und hereby are veted in, and thall be exer

of Maryland

wen'ncicy

vit to

difti es.

[ocr errors]

eised by the circuit courts, by this act directed to be holden in and for the districts of East Tenneffee, West Tennessee and Kentucky, re

spectively, within the limits of their respective Judges for jurisdictions; and that the circuit judges to be che 6th cir

to have appointed for the fixth circuit aforesaid, fevethe powers of rally, shall be invested with, poffefs and exer

cife, all and fingular 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 eiability of the district judge, ther of the QUTICIS O

ge, ther of the districts of the United States, to a circuit judge perform the duties of his office, and satisfactory may act.

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 thall be assigned in manner aforesaid, and he is hereby authorized to perform the duties of faid district judge, during the continuance of his disability.

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

several circuit courts hereby established shall circuit courts have power to appoint clerks for their respecappoias- 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 respectively shalltake thesame oath or affirmation, and give the like bonds, as are by law required to be taken and given by the clerk of the sun preme court of the United States; and shall

to he ed,

vive courts i

ich such coue which cle

conftituled

be entitled to demand and receive, for their services respectively, the same fees, to be recovered in the same manner, as have hereto. fore 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 cir

i cuit courts established, shall cease and be abolished; and ato.ithed. 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 thall 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.' Seç. 29. And be it further enacted, That,

jummer innreu, Ilal Ter, figning all writs and processes whatsoever, issuing from and return of any of the circuit courts, hereby established, thall, 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 return. able to the next stated or special session of such court, and all writs and proceffes 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 thall be there proceeded in, in the same manner, as

writs.

[ocr errors]

circuit collita

beas corpus

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 justice of the supreme court of the Unite Tupreine and

is ed States, and every judge of any circuit or may grant district court shall be, and hereby is, authorized writs of ha

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

of commitment, and thereupon to: difcharge from 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 authority 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, i New trials, Sec. 31 And be it further enacted, That the rc-haarings

soveral courts of the United States hhall be, . and practice.

and hereby are authorized and empowered to grant new trials and 10-hearings, on mction, and cause thewn, and to inake and etablish all i necessary rules and regulations, for returning :writi, 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 rulesand regulations be not repugnant to the

laws of the United States : and that all the The evurts or courts of the United States, and each of the

mi justices and judges thereof, fhall be, and here..' administer by are, authorized and empowered, to admini: onths senca

- fter all necessary oaths and affirmations, and to rally, &c.

bind to the peace or good behaviour, with
suręty where necessary, in all cases, .ariling un-
der lie authority of the United States...

[ocr errors]

powered to

[ocr errors]

Sec. 32. And be it further enacted, That every person who shall be appointed a judge Oath of a cirof any circuit court, hereby established, shall,“ before he shall begin to exercise the duties of his faid Omce, take the following oath or affirmation; that is to say: "1, A. B. do solemn. ly 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 district courts of the United States, an ap- the

-courts, co the peal, where the matter in difpute, exclusive of circuit courts, costs, shall exceed the sum or value of fifty dola

thence to the lars, shall be allowed to the circuit court next fupreme court. 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 circuit court 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 proceedings of what kind soever in the cause, shall be transmitted to the faid supreme court; and that no new evidence shallbe received in the said couri, on the hearing of such appeal; and that

and from

« ΠροηγούμενηΣυνέχεια »