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the principles, rules, and usages, which belong to courts of admiralty, since 29th Sept. as contradistinguished from courts of common law, except so far as may
1829. have been otherwise provided for by acts of Congress; subject, however,
Subject, how to such alterations and additions, as the said courts of the United States ever,
alterations, &c. respectively shall, in their discretion, deem expedient, or to such regulations as the Supreme Court of the United States shall think proper, from time to time, by rules, to prescribe to any circuit or district court concerning the same. Sec. 2. And be it further enacted, That, in any one of the United
ments are a lien States, where judgments are a lien upon the property of the defendant,
upon the proand where, by the laws of such state, defendants are entitled in the courts perty of the dethereof, to an imparlance of one term or more, defendants, in actions in
fendant. the courts of the United States, holden in such state, shall be entitled to an imparlance of one term.
Sec. 3. And be it further enacted, That writs of execution and other When writs final process issued on judgments and decrees, rendered in any of the oferecution and
other final procourts of the United States, and the proceedings thereupon shall be the
cess issued on same, except their style, in each state, respectively, as are now used in judgments, &c., the courts of such state, saving to the courts of the United States in rendered in any those states, in which there are not courts of equity, with the ordinary of the United equity jurisdiction, the power of prescribing the mode of executing their States, &c. decrees in equity by rules of court: Provided, however, That it shall be
Proviso. in the power of the courts, if they see fit in their discretion, by rules of court, so far to alter final process in said courts as to conform the same to any change which may be adopted by the legislatures of the respective states for the state courts.
court as the first attachment. Query, If the plaintiff must, in all cases under that act, sign and make oath to his petition to be admitted to defend against the first attachment, or if he is abroad, it may be done by his agent. Lodge v. Lodge, 5 Mason's C. C. R. 407.
Pennsylvania. Levy and condemnation, under an execution, keep a judgment alive, and preserve the lien without a scire facias. United States v. The Mechanics' Bank, Gilpin’s D. C. R. 54.
Where there is a scire facias to revive a judgment, the defendant cannot avail himself of matters of defence which occurred previous to the original judgment. United States v. Thompson, Gilpin's D. C. R. 622.
Laws which relate to practice, process, or modes of proceeding before or after judgment, are exceptions to the 34th section of the judiciary act of 1789, as Congress have legislated on the subject. The Supreme Court of the United States have established the distinction to be this : State laws, which furnish the court a rule for forming a judgment, are binding on the federal courts, not laws for carrying that judgment into execution ; that is governed by the acts of Congress, and the rules of practice adopted in pursuance thereto. Thompson v. Phillips, Baldwin's C. C. Ř. 274.
The act of the legislature of Ohio, of February, 1820, relative to proceedings against parties to promissory notes, by which all the parties to a note might be proceeded against in one suit, was a very wise and benevolent law, and its salutary effects produced its immediate adoption into the practice of the courts of the United States, and the suits have, in many instances, been prosecuted under it. Fullerton v. The Bank of the United States, 1 Peters, 604.
Although the act of the legislature of Ohio, regulating the mode of proceeding in actions on promissory notes, was passed after the making of the note upon which this action was brought, yet the circuit court of the United States for the district of Ohio, having incorporated the action under that statute, with all its incidents, into its course of practice, and having full power by law to adopt it, there does not appear any legal objection to its doing so, in the prosecution of the system under which it has always acted. Yeaton v. Lenox, 8 Peters, 123.
The process act of 1828 expressly adopts the mesne process, and modes of proceeding in suits at common law, then existing in the highest state court, under the state laws; which of course included all the regulations of the state laws as to bail, and exemptions of the party from arrest and imprisonment. In regard, also, to writs of execution, and other final process, and the proceedings thereupon;" it adopts an equally comprehensive language, and declares they shall be the same as were then used in the courts of the state. Beers v. Haughton, 9 Peters, 329.
The circuit court of each district, sit within and for that district, and are bounded by its local limits. Whatever may be the extent of the jurisdiction of the circuit court over the subject matter of suits, in respect to persons and property, it can only be exercised within the limits of the district. Congress might have authorized civil process from any circuit court to have run into any state of the Union. It has not done so. It has not, in terms, authorized any civil process to run into any other district; with the single exception of subpænas to witnesses within a limited distance. In regard to final process, there are two cases, and only two, in which writs of execution can now by law be served in any other district than that in which the judgment was rendered ; one in favour of private persons in another district of the same state; and the other in favour of the United States, in any part of the United States. Toland v. Sprague, 12 Peters, 300. Vol. IV.-36
2 A 2
Nothing in Sec. 4. And be it further enacted, That nothing in this act contained this act to be shall be construed to extend to any court of the United States now construed to ex- established, or which may hereafter be established, in the state of Louisitend to any court, &c. ana. (a)
APPROVED, May 19, 1828.
purposes. Secretary of Be it enacted by the Senate and House of Representatives of the United the Treasury
States of America, in Congress assembled, That the Secretary of the empowered to provide for
Treasury be, and he is hereby, empowered to provide, by contract, for building light building lighthouses and light vessels, and erecting beacons, and placing houses, &c.
buoys, on the following sites and shoals, to wit: At Dice's Head. In the state of Maine, a lighthouse at Dice's Head.
On Nobsque In the state of Massachusetts, a lighthouse on Nobsque point; one on point.
the Point of Flats, at the entrance of Edgartown harbour; a lighthouse
on Dumpling rock, south of the mouth of Aponeganset river. On Nayat
In the state of Rhode Island, a lighthouse on Nayat point; and two point, &c.
pyramids or spindles, to wit: one on a reef of rocks, under water, oppo site to Pawtuxet, and one on a reef of rocks, opposite the Punham Rock,
in the northern part of Narraganset bay. Beacon light In the state of Connecticut, a beacon light on or near the Spindle on Spindle Rock, at the mouth of Black Rock harbour. Rock. Two lightIn the state of New York, two small lighthouses, to wit: one
the houses north of flats, two miles north of Kinder Hook, upper landing, called the Drowned Kinder Hook, Lands, and one on the point of the island on the west side of the chan
nel, opposite the lower landing. A lighthouse at a proper site, at or near
Portland, on Lake Erie. Two light In the state of Maryland, two lighthouses; one on Little Watt's Island, houses on Little Watt’s Island,
at the south-eastern extremity of Tangier Sound; and the other on Clay &c.
Island, at the northernmost extremity of the same sound; and a beacon
light, or a small lighthouse on Point Lookout, in the Chesapeake bay. Lighthouse
In the state of Virginia, a lighthouse on Smith's point, at the mouth
of the Potomac, in the Chesapeake bay. point.
Light vessel In the state of North Carolina, a light vessel, to be substituted for the to be substitu lighthouse heretofore directed to be built at the Point of Marsh, at the ted, &c.
mouth of Neuse river. Beacon light A beacon light, or small lighthouse, at a proper site on Pamptico point; house on Pamp- and one at the south entrance of Roanoake marshes. tico Sound, &c.
Lighthouse in In the state of Alabama, a lighthouse at or near Choctaw point, in Mobile bay, &c. Mobile bay; and an iron spindle on Sand island, on the outer bar of
Mobile bay. Two light In the territory of Michigan, two lighthouses; one at Otter creek houses, one at
point, at the head of Lake Erie, and the other on the Island of Bois Otter creek
Blanc, near Michilimacinac. Lighthouse, In the territory of Florida, a lighthouse at the mouth of St. John's river. St. John's river.
Sec. 2. And be it further enacted, That the following sums of money Sums appropriated to be be appropriated and paid out of any moneys in the treasury not otherwise paid from the appropriated, for the purpose of carrying the provisions of this act into treasury. effect, viz: Lighthouse
For building a lighthouse on Dice's Head, five thousand dollars. on Dice's Head.
Lighthouse For the lighthouse on Nobsque point, three thousand dollars; and for on Nobsque the pier and lighthouse at the entrance of Edgartown harbour, five thouRock, &c.
sand five hundred dollars. Lighthouse, Dumpling rock. For a lighthouse on Dumpling rock, four thousand dollars.
(a) See an act to regulate the mode of practice in the courts of the United States in Louisiana, May 26, 1824, ch. 181, and notes to that act.
For a lighthouse on Nayat point, three thousand five hundred dollars; Lighthouse on and for two pyramids or spindies, in Narraganset bay, two thousand dol Nayat point. lars.
For a beacon-light on or near Spindle rock, at the mouth of Black Beacon-light Rock harbour, six thousand two hundred dollars.
on or near Spin
dle rock. For two small lighthouses in Hudson river, eight thousand dollars. Two light
For a lighthouse at or near Portland, on Lake Erie, five thousand dol- houses in HudJars; one thousand dollars for removing obstructions in order to make the son river. light of the lighthouse at the mouth of Genessee river, on Lake Ontario, near Portland. visible at a distance.
For erecting a tower and placing a bell thereon with machinery, near A tower, &c., the lighthouse on Pool's Island, Chesapeake bay, two thousand eight hun- near the lightdred dollars.
island, &c. For the lighthouse on Little Watt's island, six thousand five hundred Lighthouse dollars; and for that on Clay island, six thousand five hundred dollars;
on Little Watt's
Island, &c. and for a beacon-light, or small lighthouse, on Point Look Out, four thousand five hundred dollars.
For the lighthouse on Smith's point, seven thousand five hundred On Smith's dollars.
point. For a beacon-light or lighthouse on Pamptico point, five thousand dol Beacon-light Jars; and for one at the entrance of Roanoke Marshes, five thousand or lighthouse on
Pamptico point, dollars; for a light vessel, to be placed at or near the point of Marsh &c. Shoal, at or near the mouth of Neuse river, six thousand five hundred dollars; this sum to be in addition to the sum already appropriated for 1827, ch. 47. building a lighthouse at the point of Marsh, at the mouth of the said river, for which lighthouse the light vessel is substituted. For a lighthouse at Otter Creek point, five thousand dollars.
Otter Creek For one on Bois Blanc, five thousand dollars.
On Bois Blanc. For one at St. John's river, six thousand five hundred dollars; and for
St. John's one on Choctaw point, six thousand five dollars.
river. For placing four buoys in Hudson river, on the following sites: One Four buoys in on a reef of rocks opposite Van Wee's point; one on a reef of rocks the Hudson rinorth of Constitution point; one on a reef of rocks, the south point of Conner's Hook island; and one on a wreck of a vessel sunk in Haverstraw bay; three hundred dollars.
Two buoys For placing two buoys near the channel, to the eastward of the
Pea Pea Patch, in the river Delaware, viz: one on the north-east point of Patch in the rithe Pea Patch; and one on a small shoal in the passage, four hundred ver Delaware. dollars.
For spindles or monuments, and buoys, to render the navigation of Spindles, &c. Kennebec bay and river safe, fifteen hundred dollars.
Kennebec bay. For placing a buoy on Killpond bar, in Buzzard's bay, sixty dollars. Buoy on Kill. For placing twenty buoys, at proper sites, in the river Teche, in the pond bar,
Twenty buoys state of Louisiana, two thousand six hundred dollars.
in Louisiana. For an iron spindle on Sand Island, on the bar of Mobile bay, six hun Iron spindle dred dollars.
on Sand Island, For five buoys, in the channel, between Key West and the islands to
Five buoys in
the channel bethe westward of it and the main, leading from the Gulf Stream to the tween Key bay of Mexico, seven hundred dollars. For two buoys at the mouth of St. John's river, territory of Florida,
Two buoys at
the mouth of St. one hundred and sixty dollars.
John's river. Sec. 3. And be it further enacted, That the said secretary be empower. ed as aforesaid, and that the following sums be appropriated and paid as aforesaid, for the purposes hereafter designated, viz :
To build a lighthouse, at a proper site, near St. Mark's harbour, in Lighthouse Florida, the sum of six thousand dollars.
near St. Mark's
harbour. To build a lighthouse on a ledge of rocks,called the Whale's Back, in the Lighthouse at harbour of Portsmouth, in the state of New Hampshire, eight thousand Portsmouth. dollars, in addition to the former appropriation for that object.
1827, ch. 47.
Lighthouse near the.mouth of Duck creek.
Salaries of the respective keepers of lighthouses.
To build a lighthouse near the mouth of Duck creek, adjoining Delaware bay, the sum of four thousand dollars.
Sec. 4. And be it further enacted, That, from and after the passage of this act, the Secretary of the Treasury be, and he is hereby,authorized and empowered to regulate and fix the salaries of the respective keepers of lighthouses, in such manner as he shall deem just and proper : Provided, The whole sum allowed shall not exceed an average of four hundred dollars to each keeper.
Sec. 5. And be it further enacted, That the sum of five thousand two hundred dollars be, and the same is hereby, appropriated, out of any inoney in the treasury not otherwise appropriated, in addition to the sums heretofore appropriated, to pay the salaries to the several keepers of the lighthouses within the United States ; to be applied under the direction of the Secretary of the Treasury, in conformity to the authority in him vested by the third section of this act.
APPROVED, May 23, 1828.
ter the land con
May 23, 1828.
Chap. LXX.-An Act supplementary to the several acts providing for the
settlement and confirmation of private land claims in Florida. (a) Act of May 8,
Be it enacted by the Senate and House of Representatives of the United 1822, ch. 129.
Act of March States of America, in Congress assembled, That the three claims to land 3, 1823, ch. 29.
in the district of West Florida, contained in the reports of the commisThe three claims to land
sioners, and numbered four,  eight,  and ten, [10) excluding from in the district of the latter the land contained in certificate, and in the plats A. and Č., and West Florida, the claims contained in the reports of the commissioners of East Florida, contained in the and in the reports of the receiver and register, acting as such, made in commissioners, pursuance of the several acts of Congress providing for the settlement numbered 4, 8, of private land claims in Florida, and recommended for confirmation by and 10, exclud- said commissioners, and by the register and receiver, be, and the same ing from the lat.
are hereby, confirmed to the extent of the quantity contained in one tained in certi- league square, to be located by the claimants, or their agents, within the ficate, and in limits of such claims or surveys filed, as aforesaid, before the said comthe plats A. and C., &c., con
missioners, or receiver and register, which location shall be made within firmed. the bounds of the original grant, in quantities of not less than one sec
tion, and to be bounded by sectional lines. No more
Sec. 2. And be it further enacted, That no more than the quantity than the quan
of acres contained in a league square, shall be confirmed within the tity of acres contained in a
bounds of any one grant : and no confirmation shall be effectual until league square all the parties in interest, under the original grant, shall file with the shall be con register and receiver of the district where the grant may be situated, a firmed within
full and final release of all claim to the residue contained in the grant: the bounds of any one grant,
and where there shall be any minors incapable of acting within said territory of Florida, a relinquishment by the legal guardian shall be sufficient; and thereafter the excess in said grants, respectively, shall be
liable to be sold as other public lands of the United States. All the deci. Sec. 3. And be it further enacted, That all the decisions made by the sions made by register and receiver of the district of East Florida, acting ex officio, as the register,
commissioners, in pursuance of an act of Congress, approved the eighth &c., of the district of East Flo- of February, one thousand eight hundred and twenty-seven, authorizing rida, as com them to ascertain and decide claims and titles to lands in the district missioners
aforesaid, and those recommended for confirmation under the quantity Feb. 8, 1827,
of three thousand five hundred acres, contained in the reports, abstracts, ch. 9, recom and opinions, of the said register and receiver, fransmitted to the Secremended for con
tary of the Treasury, according to law, and referred by him to Congress, firmation, confirmed.
on the twenty-ninth January, one thousand eight hundred and twenty
under act of
(a) See notes of the decisions of the Supreme Court upon claims and titles to land in the territory of Florida, vol. iii. 709.
eight, be, and the same are hereby, confirmed. The confirmations authorized by this act shall operate only as a release of any claim had by the United States, and not to affect the interest of third persons.
Sec. 4. And be it further enacted, That the said register and receiver Register and shall continue to examine and decide the remaining claims in East receiver to exFlorida, subject to the same limitations and in conformity with the pro, cide the remainvisions of the several acts of Congress, for the adjustment of private land ing claims in claims in Florida, until the first Monday in December next, when they East Florida, shall make a final report of all the claims, aforesaid, in said district, to the Secretary of the Treasury; and it shall never be lawsul, after that time, for any of the claimants to exhibit any further evidence in support of said claims. And the said register and receiver, and clerk, shall receive the compensation provided in the act aforesaid, to be paid out of any money in the treasury not otherwise appropriated : Provided, That Proviso. the extra compensation of one thousand dollars, each, which is hereby allowed to the register and receiver, for services under and by the provisions of this act, shall not be paid until a report of all the claims be made to the Secretary of the Treasury.
Sec. 5. And be it further enacted, That the proper accounting officers Accounting of the treasury be, and they are hereby, authorized to adjust and pay the officers of the accounts of the register and receiver, acting as commissioners, their con
treasury to ad
just, &c., the tingent expenses, and the receiver the compensation heretofore allowed accounts of the for bringing their reports to Washington, out of any money in the trea- register and resury not otherwise appropriated.
ceiver, &c. Sec. 6. And be it further enacted, That all claims to land within the Claims not territory of Florida, embraced by the treaty between Spain and the decided and United States of the twenty-second of February, one thousand eight finally settled hundred and nineteen, which shall not be decided and finally settled under the foregoing provisions of this act, containing a greater quantity of land be decided by than the commissioners were authorized to decide, and above the amount
the judge of
the superior confirmed by this act : and which have not been reported, as antedated court of the or forged by said coinmissioners, or register and receiver acting as such, district. shall be received and adjudicated, by the judge of the superior court of the district within which the land lies, upon the petition of the claimant, according to the forms, rules, regulations, conditions, restrictions, and limitations prescribed to the district judge, and claimants in the state of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled “ An act enabling the claimants to lands Act of May within the limits of the state of Missouri, and territory of Arkansas, to 26, 1824, ch. institute proceedings to try the validity of their claims:" Provided, That Proviso. nothing in this section shall be construed to authorize said judges to take cognisance of any claim annulled by the said treaty, or the decree ratifying the same by the king of Spain, nor any claim not presented to the commissioners or register and receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida.
SI 7. And be it further enacted, That it shall be lawful for the Claimant claimants to lands, as aforesaid, to take an appeal, as directed in the act may appeal to aforesaid, from the decision of the judge of the district, to the Supreme Court of the Court of the United States, within four months after the decision shall United States be pronounced; and the said judges shall each be entitled to receive the within four extra compensation given to the district judge of Missouri, for the per- the decision formance of the duties required by this act, out of any money in the shall be protreasury not otherwise appropriated.
nounced, &c. Sec. 8. And be it further enacted, That so much of the said act, the Costs. provisions of which, so far as they are applicable, and are not altered by this act, are hereby extended to the territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be, and the same is hereby, repealed; and