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24 Sept. 1789. of the court which shall try the appeal, that the witnesses are then dead or gone out of
the United States, or to a greater distance (a) than as aforesaid, from the place where the court is sitting, or that by reason of age, sickness, bodily infirm. ty or imprisonment they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions may have been taken therein, such depositions shall not be admitted or used in the cause.
Judge in vacation may order property to be delivered to
5. In any cause of admiralty and maritime jurisdiction, or other case of seizure, depending in any court of the United States, any judge of the said court, in vacation, shall have the same power and authority to order any vessel, or cargo, or other property, to be delivered to the claimants, upon bail or bond, under the statute, as the case may be, or claimants, or to to be sold when necessary, as the said court now has in term time, and to appoint appraisers, and exercise every other incidental power necessary to the complete execution of the authority herein granted; and the said recognisance of bail or bond, under such Bond, how taken. order, may be executed before the clerk upon the party's producing the certificate of the collector of the district, of the sufficiency of the security offered; and the same proceedings shall be had in case of said order of delivery, or of sale, as are now had in like cases when ordered in term time: Provided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases.
♪ April 1832. 4 Stat. 503.
6. In any case brought in the courts of the United States, exercising jurisdiction in admiralty, where a warrant of arrest, or other process in rem, shall be issued, it shall be the duty of the marshal to stay the execution of such process, or to discharge the property arrested if the same has been levied, on receiving from the claimant of the same a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, Surety to be ap to be approved by the judge of the said court, or, in his absence, by the collector of the proved.
port, conditioned to abide and answer the decree of the court in such cause; and such bond or stipulation shall be returned to the said court, and judgment on the same, both against the principal and sureties, may be recovered at the time of rendering the decree in the original cause: Provided, That the entire costs in any such case, in which the amount recovered by the libellant shall not exceed one hundred dollars, shall not be more than fifty per cent. of the amount recovered in the same, which costs shall be applied, first, to the payment of the usual fees for witnesses, and the commissioner, where a commissioner shall act on the case, and the residue to be divided, pro rata, between the cler and marshal, under the direction of the judge of the court where the cause may be tried. Provided further, That no attorney's or proctor's fees shall be allowed or paid out of the said costs.
3 March 1847, 81. 9 Stat. 181. Jarshal may ake stipulation.
IV. SEAMEN'S WAGES.
7. Every seaman or mariner shall be entitled to demand and receive from the master or commander of the ship or vessel to which they belong, one-third part of the wages When and where which shall be due to him at every port where such ship or vessel shall unlade and
seamen may demand wages.
20 July 1790, 26. 1 Stat. 133.
deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract; (b) and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery, (c) every scaman or mariner shall be entitled to the wages which shall be then due according to his contract; and if such wages shall not be paid within ten days(d) after such discharge, or if any dispute shall arise between How recoverable. the master and seamen or mariners touching the said wages, it shall be lawful for the judge of the district(e) where the said ship or vessel shall be, or in case his residence be more than three miles from the place, or of his absence from the place of his residence, then, for any judge or justice of the peace, to summon the master of such ship or vessel to appear before hir to show cause why process should not issue against such ship or vessel, her tackle, furniture and apparel, (g) according to the course of admiralty Certificate to be courts, (h) to answer for the said wages; and if the master shall neglect to appear, or
issued to clerk of
the district court. appearing, shall not show that the wages are paid, or otherwise satisfied or forfeited, and
(a) One hundred miles.
(b) See Johnson v. Sims, 1 Pet. Adm. 215, for the construction of an agreement in the shipping articles, that no wages should be paid to the seamen, until the return of the vessel to the port of outfit. A stipulation in the articles that the seamen shall not, in any case, demand their wages until the expiration of a certain time, is void, in case the service is completed, or the seamen are discharged, before the expiration of that time. The Cypress, 1 Bl. & How. 83.
(c) A seaman who hires for a trading voyage for a specified time, cannot sue for wages until the expiration of the time, unless there. be proof of his actual or constructive release, The Warrington, 1 B. & How. 335. But where a vessel has fully discharged her cargo in her port of delivery, and leaves that port, on other voyages, without payment of wages, the seamen, though accompany. ing her, are entitled to an action for such wages, immediately So, if she return to the same port of delivery, a seamen may insti tute an action at once for wages earned on the previous voyage,
though the vessel be not discharged of her second cargo. The Edward, Ibid. 286.
(d) It seems, that an agreement in shipping articles that seamen shall not sue for their wages until three months after their ser vices are ended, will be held void as against the seamen. Tha Cypress, 1 Bl. & How. 83. This section has reference to actions in rem only, and not to actions in personam. The right of a seaman to sue in personam for his wages, is perfect as soon as the period of his service is completed. Freeman v. Baker, Ibid. 372. (e) Or a commissioner appointed by the circuit court, under the act 23 August 1842. 5 Stat. 516.
(7) The seamen have a lien, by the maritime law, on the freight as well as the vessel, for their wages; which is not taken away by the act of congress. Poland v. The Freight and Cargo of Brig Spartan, Ware, 134.
(h) Contracts of scamen for maritime service are, in effect, maritime contracts, governed by the maritime law, which prescribes the rights and obligations of the parties differently from the common law. Bains v. The James and Catherine, Bald. 544.
Who shall issue
if the matter in dispute shall not be forthwith settled, in such case the judge or justice 20 July 1790. shall certify to the clerk of the court of the district, that there is sufficient cause of complaint whereon to found admiralty process, and thereupon the clerk of such court admiralty proshall issue process against the said ship or vessel, and the suit shall be proceeded on' in the said court, and final judgment be given according to the course of admiralty courts in such cases used; and in such suit all the seamen or mariners (having cause of All may join. complaint of the like kind against the same ship or vessel) shall be joined as complainants;(a) and it shall be incumbent on the master or commander to produce the contract Contract and logbook to be proand log-book, if required, to ascertain any matters in dispute, otherwise the complainants duced. shall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master or commander: but nothing herein contained shall prevent any seaman Remedies at comor mariner from having or maintaining any action at common law for the recovery of served. his wages; or from immediate process out of any court having admiralty jurisdiction, wherever any ship or vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast.(b)
mon law re
9 Stat. 38.
Canal-boats not to be libelled for
8. The owner or owners, master or captain, or other persons employed in navigating 20 July 1846. ? L. canal-boats without masts or steam power, now by law required to be registered, licensed or enrolled and licensed, shall not be required to pay any marine hospital tax or money; nor shall the persons employed to navigate such boats receive any benefit or advantage wages. from the marine hospital fund; nor shall such owner or owners, master or captain, or other persons, be required to pay fees, or make any compensation for such register, license or enrolment and license; nor shall any such boat be subject to be libelled in any of the United States courts for the wages of any person or persons who may be employed on board thereof, or in-navigating the same.
9. That all acts, and parts of acts, repugnant to the provisions of this act, be and the same are hereby repealed.
(a) This clause, if not imperative upon all the seamen to join in a prosecution already begun by a shipmate for the wages of a common voyage, at least removes all occasion for separate actions, and all equity to costs, where such separate actions are instituted. Reed Hussey, 1 Bl. & How. 527. It is of positive obligation, where the seamen commence a suit at the same time, in the same court, by a proceeding in rem for their wages. Oliver v. Alexander, 6 Pet. 147. The matter in dispute is nevertheless several with such libellant, and the claimant can appeal only in regard to a sepa
Ibid. ? 2.
22. Appeals to circuit court.
23. Transitory actions to be brought in district where defendant resides. Where defendants reside in different districts, suits may be brought in either.
24. Clerk of the middle district.
25. District attorney and marshal.
26. Court of middle district to have circuit court powers.
27. Adjournment in absence of judge.
28. Appeals to lie to supreme court when amount exceeds $2000.
29. Appeals to lie to supreme court from middle district.
30. Three per cent. of proceeds of lands granted for roads, canals, &c.
V. LAND OFFICES.
31. Tuscaloosa district. Sparta district.
32. Creek lands divided into two districts.
33. Talapoosa district. Coosa district.
34. Choctaw lands attached to St. Stephen's and Tuscaloosa districts.
35. Demopolis district.
36. Lands in Green and Marengo counties to be subject to sale at Demopolis district.
VI. COLLECTION DISTRICTS.
37. Mobile may be made a separate district. Ports of delivery. Officers to be appointed.
35. Mobile to be the sole port of entry.
I. ADMISSION INTO THE UNION.
3 Stat. 489.
1. The inhabitants of the territory of Alabama are hereby authorized to form for 2 March 1819.3 L themselves a constitution and state government, and to assume such name as they may deem proper; and the said territory, when formed into a state, shall be admitted into the union upon the same footing with the original states, in all respects whatever.
rate demand by a seaman exceeding the sum of $2000. Ibid. 143.
3 Stat. 490.
2 March 1819 2. 2. The said state shall consist of all the territory included within the following boundaries, to wit: beginning at the point where the thirty-first degree of north latitu le Boundaries of the intersects the Perdido river, thence east to the western boundary line of the state of Georgia, thence along said line to the southern boundary line of the state of Tennessee, thence west along said boundary line to the Tennessee river, thence up the same to the mouth of Bear creek; thence by a direct line to the north-west corner of Washington county, thence due south to the Gulf of Mexico, thence eastwardly including all islands within six leagues of the shore, to the Perdido river, and thence up the same to the beginning.
Section 16, in
First. That the section numbered sixteen in every township, and when such section every township, has been sold, granted or disposed of, other lands equivalent thereto, and most conti
guous to the same, shall be granted to the inhabitants of such townships for the use of
Salt springs, &c., granted to the state.
3. The following propositions are hereby offered to the convention of the said territory of Alabama, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States.
Five per cent. of proceeds of lands for public improvements.
Second. That all salt springs within the said territory, and the lands reserved for the use of the same, together with such other lands as may, by the president of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state; the same to be used, under such terms, conditions and regulations, as the legislature of the said state shall direct: Provided, The said legislature shall never sell, nor lease the same for a longer term than ten years at any one time.
Third. That five per cent. of the net proceeds of the lands lying within the said territory, and which shall be sold by Congress, from and after the first day of September, in the year 1819, after deducting all expenses incident to the same, shall be reserved for making public roads, canals, and improving the navigation of rivers, of which threefifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress. (b)
Two entire townships for a semi
Fourth. That thirty-six sections, or one entire township, to be designated by the secre
nary of learning, tary of the treasury, under the direction of the president of the United States, together
with the one heretofore reserved for that purpose, shall be reserved for the use of a
May be reserved solely to the use of such seminary by the said legislature. And the secretary of the
in small tracts.
treasury, under the direction as aforesaid, may reserve the seventy-two sections, or two townships, hereby set apart for the support of a seminary of learning, in small tracts: Waste lands to be Provided, That no tract shall consist of less than two sections: And provided always, the property of That the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inhabiting the said territory, do agree and declare that they for ever disclaim all right and title to the waste or unappropriated lands lying within the said territory: and that the same shall be and remain at the sole and entire Lands sold to be disposition of the United States; and moreover, that each and every tract of land sold
exempt from taxation for five
by the United States, after the first day of September, in the year 1819, shall be and
remain exempt from any tax laid by the order, or under the authority of the state, whe
(a) The act 2 March 1827 provides: 1. That the legislature of the state of Alabama be authorized to sell and convey, in fee simple, all or any part of the lands reserved and appropriated by congress for the use of schools within said state, and to invest the money arising from the sale thereof, in some productive fund, the proceeds of which shall be for ever applied, under the direction of said legislature, for the use and support of schools within the several townships and districts of country for which they were originally reserved and set apart, and for no other use or purpose whatsoever: provided said land, or any part thereof, shall in no case be sold without the consent of the inhabitants of such town ship or district, to be obtained in such mauner as the legislature of said state shall by law direct: and, provided also, that in the apportionment of the proceeds of said fund, each township and district aforesaid shall be entitled to such part thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the school lands belonging to such township or district. 2. That, if the proceeds accruing to any township or district from said fund shall be insufficient for the support of schools therein, it shall be lawful for said legislature to invest the same as is herein before directed, until the whole proceeds of the fund belonging to such township or district shall be adequate to the permanent maintenance and support of schools within the same. 4 Stat. 237.
The act 4 July 1836, 4, provides, that there shall be reserved from sale in the state of Alabama, a quantity of land equal to one thirty-sixth part of the lands ceded by the Chickasaws. by the treaty of the 20th of October 1832, within said state of Alabama, which land shall be selected under the direction of the secretary of the treasury. in sections, or half sections, or quarter sections, out of any public lands remaining unsold, that shall have been offered at public sale within any land district in said state of
Alabama, contiguous to said lands within said state, so ceded by
This provision was repealed by the act 26 February 1845, and the governor of Alabama was thereby authorized to select, within two years, lands equal in quantity to one thirty-sixth part of the lands so ceded, deducting such quantity as might have been already selected and accepted under the act of 1836.) out of any of the surveyed public lands within any of the land districts of the states of Alabama or Mississippi subject to private sale, and not incumbered by any previous claim. Such selection to be made with the assent of the inhabitants of the surveyed townships for whose benefit the same may be selected, to accept the same in lieu of the school section guarantied to them by the act in the text. And when so selected, the same to vest in the state of Alabama subject to the same dis position and uses, and to be holden on the same terms and conditions as were prescribed by the act in the text in relation to the said school sections. 5 Stat. 727-8.
(b) The act 4 July 1836, 23, provides, that a sum equivalent to five per cent. of the nett proceeds of the lands within the state of Alabama ceded by the Chickasaws by the treaty of the 20th of October 1832, which have been, or may hereafter be, sold by cougress, shall be reserved, out of any moneys in the treasury not otherwise appropriated, to be applied in the same manner and for the same uses and purposes, as is designated by the 6th section of the act of 20 March 1819. 5 Stat. 116. And see infru 30.
ther for state, county, township, parish or any other purpose whatever, for the term of 2 March 1819. five years, from and after the respective days of the sales thereof: and that the lands Lands of nonbelonging to citizens of the United States, residing without the said state, shall never be residents not to be taxed higher, taxed higher than the lands belonging to persons residing therein; and that no tax shall be imposed on lands, the property of the United States: and that all navigable waters No tax on lands within the said state shall for ever remain public highways, (a) free to the citizens of of United States said state and of the United States, without any tax, duty, impost or toll, therefor, imposed by the said state.
4. That in lieu of a section of land, provided to be reserved for the seat of government of the said territory, by an act entitled "An act respecting the surveying and sale of the Grant of land for public lands in the Alabama territory,"(b) there be granted to the said state, for the seat seat of govern of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirtytwo, in township sixteen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale, by order of the president of the United States.(c)
3 Stat. GOS.
ted into the
5. Whereas, in pursuance of an act of Congress, passed on the 2d day of March 14 Dec. 1819 1819, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union on an Alabama admit equal footing with the original states," the people of the said territory did, on the second Union. day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the 13th day of July 1787, so far as the same have been extended to the said territory by the articles of agreement between the United States and the state of Georgia-Resolved, That the state of Alabama shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union, on an equal footing with the original states, in all respects whatever.
3 Stat. 564.
6. All the laws of the United States, which are not locally inapplicable, shall be 21 April 1820 3 1 extended to the state of Alabama, and shall have the same force and effect within the same as elsewhere within the United States.
II. CIRCUIT COURT.
5 Stat. 655.
7. The spring term of the circuit court of the United States for the fifth judicial circuit 12 April 18H 3 and southern district of Alabama, shall commence on the third (d) Monday in April; and the fall term of said court shall commence on the fourth Monday in December in Terms of the each and every year, instead of the periods now fixed by law, and continued in session as long as the business may require.
8. If from any cause there should be a failure to hold the said circuit court at the periods designated in this act, the judges thereof shall have power, and are hereby Extra ternas. authorized to hold an extra term of said court at such time as they may think proper.
5 Stat. 731.
9. The circuit court of the United States for the southern district of Alabama, shall 1 March 1845 ? 1 commence its spring term at Mobile, on the second Monday of April in each and every year after the ensuing spring term of said court shall have been held at the time now Spring term. appointed by law.
III. DISTRICT COURTS.
3 Stat. 564.
10. The said state shall be [one district, (e) and be called the Alabama district;] and 21 April 1820 ₹ 2 a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called the district judge. He shall hold, alternately, [at the towns of District judge to be appointed. Mobile and Cahawba, beginning at the first, four] stated sessions (g) annually; [the first to commence on the first Monday in April next, and the three other sessions, progres sively, on the first Monday of every third calendar month thereafter.] He shall in all Circuit count things have and exercise the same jurisdiction and powers which were by law given to powers. the judge of the Kentucky district, under an act entitled "An act to establish the judicial
57), granting certain relinquished and unappropriated lands, to
21 April 1820. courts of the United States,"(a) and an act entitled "An act in addition to the act entitled 'An act to establish the judicial courts of the United States,"" approved 2d March Appointment of 1793.(6) He shall appoint clerks (c) for the said district, who shall reside, and keep the
records of the court, at the places of holding the same, and shall receive, for the ser vices performed by them, the same fees to which the clerk of the Kentucky district entitled for similar services. (d)
Ibid. 26 11. There shall be appointed, in the said district, a person learned in the law, to act District attorney. as attorney for the United States; [who shall, in addition to his stated fees, be paid by the United States two hundred dollars annually, as a full compensation for all extra services.](e)
12. A marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; [and shall, moreover, be entitled to the sum of two hundred and fifty dollars annually, as a compensation for all extra services.] (e)
13. The state of Alabama shall be, and the same is hereby, divided into three districts, in manner following, to wit: (g)
Ibid. 27. Marshal.
7 Aug. 1848 31. 9 Stat. 274.
Divided into three districts. Southern district.
The counties of Montgomery, Autauga, Coosa, Tallapoosa, Chambers, Talladega, Randolph, Macon, Russell, Barbour, Pike, Henry, Dale, Coffee, Covington, Lowndes, Dallas, Perry, Bibb, Shelby and Tuscaloosa, shall hereafter compose one district, to be called Northern district. the middle district, and a court shall be held for the said district at Montgomery. And the residue of the counties of said state shall hereafter compose the northern district of Alabama, and a court shall be held for the same, as heretofore, at Huntsville.
Ibid. ? 2.
Middle district transferred to Montgomery.
14. The next term of the district court for the said middle district, and every term thereafter, shall be held at Montgomery; and the clerk and marshal of said middle district are hereby required, forthwith, to remove all the books and papers and records belonging to their respective offices from Tuscaloosa to Montgomery.
15. The district courts of the United States for the state of Alabama shall be held in each and every year as follows: at Mobile, on the fourth Monday in April and the second Terms of the dis- Monday after the fourth Monday in November; at Huntsville, on the second Monday in
May and the second Monday in November; and at Montgomery, on the fourth Monday in May, and the fourth Monday in November.
16. The county of Butler shall hereafter form a part of, and be embraced in the middle district of said state.
4 May 1852, 1. 10 Stat. 5.
The counties of Mobile, Washington, Baldwin, Sumpter, Clarke, Marengo, Green, Pickens, Wilcox, Monroe, Conecuh, shall compose one district, to be called the southern district, and a court shall be held for the said district, as heretofore, at Mobile.
10 March 182427. 4 Stat. 10.
17. The judge of said courts shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and the records and documents appertaining Clerk of northern thereto, at the place of holding said court; be entitled to the same fees allowed by law
to the clerks of the southern district, and be subject to the same liabilities and penalties. 18. The district attorney heretofore appointed for the district of Alabama, shall be the district attorney for the southern district of Alabama; and there shall be a district for northern dis attorney appointed for the northern district of Alabama, who shall hold his appointment
Ibid. 28. District attorney
Ibid. ? 9.
19. Should the judge fail to attend at the time and place of holding any of the courts Adjournment in herein mentioned, before the close of the third day of the term, the business thereof absence of judge. shall stand adjourned to the next term.
4 Stat. 399.
5 May 1830 2 1. 20. A marshal shall be appointed for the northern district of the state of Alabama, whose duties shall be the same, in every respect, within said district, as those required by law to be performed by the present marshal.
21. All the jurisdiction which belonged to the district court of the United States, for the northern district of the state of Alabama, at Huntsville, at and before the passage of the said act of congress of the 3d of March 1837, be and the same is hereby restored to and vested again in the said district court, and every act of congress upon which the jurisdiction of the said district court depended at and before the passage of the said act
Circuit court powers of northern district restored.
for the same term, be subject to the same duties, and receive the same salary, fees and emoluments, allowed to the district attorney of the southern district of Alabama.
(a) 24 September 1789. 1 Stat. 73. The 10 of this act gave circuit court powers to the district court of Kentucky; but this was taken away by act 24 February 1807. 2 Stat. 420. The act of 19 February 1831, (4 Stat. 444), however, expressly conferred upon the district courts of the northern and southern districts of Alabama, (then divided into two districts,) in addition to the ordinary jurisdiction and powers of a district court, within the limits of their respective districts, jurisdiction of all causes, except appeals and writs of error, which were or might be made cognisable in a circuit court, and to proceed therein in the same manner as a circuit court. These circuit court powers were abolished by the act 3 March 1837. 2 3. (5 Stat. 177), but were restored to the dis trict court for the northern district by act 22 February 1838, infra 21; and were expressly conferred upon the district court
for the middle district, by act 6 February 1839, § 8, infra, 26. (b) 1 Stat. 333.
(c) The act 27 November 1820, (3 Stat. 610,) provided that there should be but one clerk for the district; but this was repealed, and the act in the text revived and re-enacted by act 17 April 1822. 3 Stat. 662.
(d) See general fee-bill of 26 February 1853. 10 Stat. 161. (e) The extra compensation of district attorneys and marshals is abolished by the general fee-bill of 1853.
(g) The state of Alabama was originally constituted a single district by act 21 April 1820, supra, 10; it was divided into two districts by act 10 March 1624, 4 Stat. 9; and then into three, by act 6 February 1839. 5 Stat. 315.