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(ACT of April 29th, 1802.)

lowance, as a full compensation for all extra services, as hath heretofore been allowed to attorneys of the district of Tennessee, by a law passed the twenty-eighth day of February, one thousand seven hundred and ninety-nine, and shall receive such compensation, emoluments, and fees, as by law are, or shall be, allowed to the district attorneys of the United States, respectively: Provided, That the district attorneys of East and West Tennessee, now in office, shall, severally and respectively, be attorneys for those districts within which they reside, until removed by the president of the United States.

74. SEC. xxv. In all suits in equity, it shall be in the discretion of the court, upon the request of either party, to order the testimony of the witnesses therein to be taken by depositions; which depositions shall be taken in conformity to the regulations prescribed by law for the courts of the highest original jurisdiction in equity, in cases of a similar nature, in that state in which the court of the United States may be holden: Provided, however, That nothing herein contained shall extend to the circuit courts which may be holden in those states in which testimony in chancery is not taken by deposition. [Infra, 97.]

75. SEC. XXVI. There shall be a clerk for the district court of Norfolk, to be appointed by the judge thereof, which clerk shall reside and keep the records of the said court, at Norfolk aforesaid, and shall perform the same duties, and be entitled to, and receive the same fees and emoluments, which are established by law for the clerks of the district courts of the United States. [Infra, 94, 97, &c.]

76. SEC, XXVII. From and after the first day of July next, there shall be holden, annually, in the district of Vermont, two stated sessions of the district court, which shall commence on the tenth day of October, at Rutland, and on the seventh day of May, at Windsor, in each year; and when either of the said days shall happen on a Sunday, the said court, hereby directed to be holden on such day, shall be holden on the day next thereafter. [Infra, 115.] 77. SEC. XXIX. The clerk of the said district court shall not issue a process to summon, or cause to be returned, to any session of the said district court, a grand jury, unless by special order of the district judge, and at the request of the district attorney; nor shall he cause to be summoned, or returned, a petit jury, to such sessions of the said district court, in which there shall appear to be no issue proper for the trial by jury, unless by special order of the judge as aforesaid. And it shall be the duty of the circuit court in the district of Vermont, at their stated sessions, to give in charge to the grand juries, all crimes, offences, and misdemeanors, as are cognizable, as well in the said district court, as the said circuit court, and such bills of indictment as shall be found in the circuit court, and cognizable in the said district court, shall, at the discretion of the said circuit court, be transmitted by the clerk

(ACT of March 3d, 1803.)

of the said court, pursuant to the order of the said circuit court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had thereon in said district court, as though said bill of indictment had originated and been found in the said district court. And all recognisances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable in either of the said courts, shall be to the circuit court next thereafter to be holden in said district.

78. SEC. xxx. From and after the passing of this act, no special juries shall be returned by the clerks of any of the said circuit courts; but in all cases in which it was the duty of the said clerks to return special juries, before the passing of this act, it shall be the duty of the marshal for the district where such circuit court may be held, to return special juries, in the same manner and form as, by the laws of the respective states, the said clerks were required to return the same.

ACT of March 3d, 1803. 3 Bioren, 560.

79. SEC. I. In the third circuit, the circuit court shall consist of the senior associate justice of the supreme court residing within the fifth circuit, and the district judge of the district where such court shall be holden.

80. SEC. II. From all final judgments or decrees in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next 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 authorised and required to receive, hear, and determine, such appeal; and from all final judgments or decrees rendered, or to be rendered, in any circuit court, or in any district court acting as a 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, shall 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 said supreme court; and no new evidence shall be received in the said court, on the hearing of such appeal, except in admiralty and prize causes, and such appeals shall be subject to the same rules, regulations, and restrictions, as are prescribed in law in case of writs of error; and the said supreme court shall be, and hereby is, authorised and required to receive, hear, and determine, such appeals. And so much of the nineteenth and twenty-second sections of the act of congress, entitled "An act to establish the judicial courts of the United States," passed on the twenty-fourth day of September,

(ACT of March 26th, 1804.)

seventeen hundred and eighty-nine, as comes within the purview of this act, shall be, and the same is hereby, repealed. [Supra, 17, and 20.]

ACT of March 23d, 1804. 3 Bioren, 592.

81. SEC. IV. From and after the first day of April next, the session of the district court, for the district of Rhode Island, shall commence at Newport on the second Tuesday in May, and third Tuesday in October; at Providence the first Tuesday in August and first Tuesday in February, annually, any law to the contrary notwithstanding.

ACT of February 19, 1803: 3 Bioren, 524.

An act to provide for the due execution of the laws of the United States within the state of Ohio.

82. SEC. 1. All the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the state of Ohio, as elsewhere within the United States.

SEC. II. The said state shall be one district, and be called the Ohio district; and a district court shall be held therein, to consist of one judge, who shall reside in the said distrit, and be called a district judge. He shall hold, at the seat of government of the said state, three sessions annually, [see infra, 90.] He shall appoint a clerk for the said district, who shall reside and keep the records of the court at the place of holding the same, and shall receive for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services.

83. SEC. . There shall be allowed to the judge of the said district court, the annual compensation of one thousand dollars, to commence from the date of his appointment, to be paid quarter yearly, at the treasury of the United States.

SEC. IV. There shall be appointed in the said district a person learned in the law, to act 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.

SEC. v. 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 dollars, annually, as a compensation for all extra services.

ACT of March 26, 1804. 3 Bioren, 613.

84. SEC. I. In case of the inability of the judge of any district court to attend on the day appointed for holding a special or an adjourn

(ACT of March 8th, 1806.)

ed district court, such court may, by virtue of a written order from the judge thereof, directed to the marshal of the district be adjourned by the marshal to the next stated term of said court, or to such day prior thereto as in the said order shall be appointed.

ACT of March 3d, 1805. 3 Bioren, 664.

An act to extend jurisdiction, in certain cases, to the territorial courts. 85. SEC. I. The superior courts of the several territories of the United States, in which a district court has not been established by law, shall, in all cases in which the United States are concern. ed, have and exercise, within their respective territories, the same jurisdiction and powers which are by law given to, or may be exercised by, the district court of Kentucky district, and writs of error and appeals shall lie, from decisions therein, to the supreme court, for the same causes, and under the same regulations, as from the said district court of Kentucky district.

ACT of March 8th, 1806. 4 Bioren, 9.

An act to extend jurisdiction in certain cases to state judges and state courts. 86. SEC. 1. The respective county courts within, or next adjoining, the revenue districts hereinafter mentioned, shall be and are hereby authorised to take cognizance of all complaints and prosecutions for fines, penalties, and forfeitures, arising under the revenue laws of the United States, in the districts of Champlain, Sacket Harbor, Oswego, Genessee, Niagara, and Buffaloe Creek, in the state of New York, and in the district of Presque Isle, in the state of Pennsylvania; and the district attorneys of New York and Pennsylvania, respectively, are hereby authorized and directed to appoint, by warrant, an attorney as their substitute or deputy, respectively, to prosecute for the United States in each of the said county courts, who shall be sworn or affirmed to the faithful execu tion of his duty, as prosecutor aforesaid: Provided, That this authority shall not be construed to extend jurisdiction to the county courts aforesaid, over any civil cause which may arise in any of those revenue districts, for the collection of duties payable to the United States; or of bonds or securities given, for the security and payment of duties to the United States.

SEC. II. The county courts aforesaid, or the first judge of each of said courts, shall be, and hereby are, further authorised to exercise all and every power in the cases of a criminal nature, cognizable before them by virtue of the first section of this act, for the purpose of obtaining a mitigation or remission of any fine, penalty, or forfeiture, which may be exercised by the judges of the district courts, in cases depending before them, by virtue of the law of the United States, passed on the third of March, one thou. sand seven hundred and ninety-seven, entitled " An act to provide

(ACT of April 10th, 1806.)

for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned." And, in the exercise of the authority by this section given to said county courts, or to the first judges thereof, they shall be governed, in every respect, by the regulations, restrictions, and provisoes, of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, aforesaid; with this difference only, that instead of notifying the district attorneys, respectively, said county courts, or the first judges thereof, as the case may be, shall, before exercising said authorities, cause reasonable notice to be given to the attorney who may have been appointed and sworn or affirmed to prosecute for the United States in such court, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty or forfeiture.

ACT of April 10th, 1806. 4 Bioren, 28.

An act relating to bonds given by marshals.

87. SEC. 1. The bond heretofore given, or which may hereafter be given by the marshal of any district, for the faithful performance of the duties of his office, shall be filed and recorded in the office of the clerk of the district court, or circuit court, sitting within the district, for which such marshal shall have been appointed, and copies thereof certified by the clerk, under the seal of the said court, shall be competent evidence in any court of jus

tice.

SEC. 11. It shall be lawful in case of the breach of the condition of any such bond, for any person, persons, or body politic thereby injured, to institute a suit upon such bond in the name and for the sole use of such party, and thereupon to recover such damages as shall be legally assessed with costs of suit; for which execution may issue for such party in due form; and in case such party shall fail to recover in the suit, judgment shall be rendered, and execu tion may issue for costs in favour of the defendant or defendants against the party who shall have instituted the suit; and the United States shall, in no case, be liable for the same.

SEC. III. The said bond shall, after any judgment or judgments rendered thereon, remain as a security for the benefit of any person, persons or body politic, injured by breach of the condition of the same, until the whole penalty shall have been recovered; and the proceedings shall always be in the same manner as hereinbefore directed.

SEC. IV. All suits on marshal's bonds, if the right of action has already accrued, shall be commenced and prosecuted within three years after the passage of this act and not afterwards. And all such suits, in case the right of action shall accrue hereafter, shall be commenced and prosecuted within six years after the

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