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wise, as the circumstances of the case may require and allow; and, thereupon such proceeding, trial, and judgment, may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court.(1)
529. And if in any action commenced in a state court, the title of land be concerned, and the parties are citizens of the same state, and the matter in dispute exceed the value of five hundred dollars, exclusive of costs, either party, before the trial, shall state to the court, and make affidavit if required, that he claims, and shall rely upon a right or title to the land, under grant from a state, other than that in which the suit is pending, and produce the original grant, or an exemplification thereof, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court whether he claims a right or title to the land under a grant from the state in which the suit is pending; the said adverse party shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he informs that he does claim under such grant, the party claiming under the grant first mentioned, may then, on motion, remove the cause for trial to the next circuit court, to be holden in such district, but if he is the defendant, he shall do it under the same regulations as in the beforementioned case of the removal of a cause into such court by an alien: and neither party removing the cause, shall be allowed to plead, or give evidence of, any other title than that by him stated as aforesaid, as the ground of his claim.(2)*
530. The circuit court shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district court of the crimes and offences cognizable therein.(3)†
(1) Act 2d March, 1833, sec. 4. (3) Act 24th September, 1789, sec. (2) Act 24th September, 1789, sec. 12, 11.-United States v. Ravana, 2 Dall. cl. 2. 297.
*The circuit court has jurisdiction over a case in which the plaintiffs claim under the grant of a state, formed from an elder state, and the defendants under a grant made by such elder state, whilst it comprehended the two states, the grants being under different states, within the letter and meaning of the constitution.— Town of Pawlet v. Clark, 9 Cranch, 292. So where both parties claim under grants made by different states, although the warrants and locations thereon in pursuance of which the grants took place were derived from one and the same state before its separation into two states. The constitution and laws look to the grants as the foundation of jurisdiction and not to any equitable title previous thereto.-Colson v. Lewis, 2 Wheat. 378. Sergt. C. L. 127.
This court has not authority to enjoin proceedings upon a state court.—Diggs v. Wolcott, 4 Cr. 179.
t Its jurisdiction in criminal cases is final, unless on points in which the opinions of the judges are opposed.-United States v. More, 3 Cranch, 171.
Where a law declares an act to be an offence, and treats it as a criminal act, it must be prosecuted in the criminal court, either by indictment, or if given by the law, by information.-United States v. Man, 1 Gall. 3. 177. United States v. Tyler, Ibid-and 7 Cranch, 285.
But the circuit courts have not cognizance of military offences. They are never cognizable in common law courts; courts martial being the proper tribunals for their decision.-Houston v. Moore, 5 Wheat. 29.
Where concurrent jurisdiction over offences is given to the courts of the United States, and to the state courts, the act of congress giving exclusive jurisdiction to the United States courts of all crimes and offences cognizable under the authority of the United States, is so far repealed.-Ibid.
And where the jurisdiction of the United States and state courts are concurrent over offences, the sentence of either court, whether of acquittal or conviction, may be pleaded in bar to a prosecution in the other for the same offence; as in civil
531. The circuit courts shall have power to hold special sessions for the trial of criminal cases at their discretion, or at the discretion of the supreme court.(1)*
532. The supreme court, or when the supreme court shall not be sitting, any one of the justices thereof, together with the judge of the district within which a special session, as hereafter authorized, shall be holden, may direct special sessions of the circuit courts to be holden for the trial of criminal causes, at any convenient place within the district, nearer to the place where the offences may be said to be committed, than the place or places, appointed by law for the ordinary sessions: the clerk of such circuit court shall, at least thirty days before the commencement of such special session, cause the time and place for holding the same, to be notified for at least three weeks successively, in one or more of the newspapers published nearest to the place where the session is to be holden: all process, writs and recognizances of every kind, whether respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at the said special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto any special session may be adjourned to any time or times previous to the next stated meeting of the circuit court: all business depending for trial at any special court, shall at the close thereof be considered as of course removed to the next stated term of the circuit court.(2)
ART. 533. The circuit courts shall have appellate jurisdiction from the district courts, under the regulations and restrictions provided by law.(3)
534. Final decrees and judgments, in civil actions in a district court, where the matter in dispute exceeds the sum of fifty dollars, exclusive of costs, may be re-examined, and reversed, or affirmed, in a circuit court, hoiden in the same district, upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenti. cated transcript of the record, and assignment of errors, and prayer for
(1) Act 24th Sept. 1789, sec. 5. (2) Act 2d March, 1793, sec. 3.-See United States v. Hamilton, 3 Dall. 17, in which it is questioned whether the supreme court, under the above act, can
appoint a special court at a distant period, to overleap the stated session of the court.
(3) Act 24th Sept. 1789, sec. 11.
cases may be the judgment of either.—Ibid. The People v. Lynch, 11 Johnson's Rep. 549.
If the defendant be under recognizance to appear in the circuit court, and answer an information under an act of congress, the court will not discharge the bail on the ground that the defendant has been arrested, and is in custody in another country, under process from a state court. Nor in such case has the court authority to issue a habeas corpus to bring up the debtor in order to surrender him in discharge of his bail.-United States v. French, 1 Gall. 1.
But there is no power given to remit to a special court, the business depend ing for trial before the stated circuit court.-United States v. Hamilton, 3 Dall. 71,
reversal, with a citation to the adverse party, signed by the judge of such district court, or a justice of the supreme court, the adverse party having at least twenty days' notice.*
535. 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. (1)
536. In all cases removed by appeal, or writ of error from a district to a circuit court, judgment shall be rendered in conformity to the opinion of the judge of the supreme court, presiding in the circuit court.(2)†
537. Where a judgment or decree is reversed in a circuit court, that court renders such judgment or decree, as the district court should have rendered.(3)‡
(1) Act 3d March, 1803.
(3) Act 24th September, 1789, sec
(2) Act 29th April, 1802, sec. 5.-Act tion 24. 24th September, 1789, sec. 4.
* For provisions relative to the writ of error issued from the supreme or circuit courts, see supra Articles 495, &c. 500, &c.
† And the decision of the justice of the supreme court, presiding in the circuit court, is final in such cases.-United States v. Lancaster, 3 Wheat. 434. United States v. Tenbrock, 2 Wheat. 248.
A writ of error does not lie from a circuit to a district court, in an admiralty, or maritime cause.-United States v. Wonson, 1 Gall. 5.
If a case be reversed upon a special verdict, or case agreed, the circuit court proceeds to judgment. But if a verdict in favour of a plaintiff be reversed, on a bill of exceptions to instructions given to the jury, a new trial may be awarded by such court.-United States v. Sawyer, 1 Gall. 86.-Hudson v. Guestier, 6 Cranch, 285. If the special verdict or case be defective, a venire facias de novo may be awarded.-United States v. Sawyer, 1 Gall. 86.
An appeal from a decree of the district court, must be taken in open court, before the adjournment sine die, unless a different period be prescribed by the court. -Norton v. Rich, 3 Mason, 443.
In suit for assault and battery on the high seas, no appeal can be sustained from a decree of the district court, on the part of the libellant, unless there be an ad damnum laid in the libel, exceeding fifty dollars, in a case where such decree was for less.-Jenks v. Lewis, 3 Mason, 503.
An appeal from the district to the circuit court, must be prosecuted at the next circuit court after the decree of the district court has been rendered: Hence, on failure of the appellant so to enter and prosecute his appeal, the circuit court may declare the appeal abandoned, and may remit the cause for final proceeding. In such case, the circuit court may tax the costs, or direct their taxation in the court below; or the appellee may produce the record, have the cause retained in the circuit court, and upon an ex parte hearing, claim an affirmance with costs.—Privateer Montgomery v. Schooner Betsy, 1 Gall. 416.
But the circuit court sustains an appeal in admiralty and maritime causes, only from the final decree of the district court. If such decree be not appealed from, no appeal lies from the subsequent proceedings of the district court, on the summary judgment rendered on a bond for the appraised value, or upon an admiralty stipulation, taken in the cause. Such proceedings, and the awarding of execution, by the district court, being incidents exclusively belonging to it. If the decree be appealed from, the bond follows the cause in the circuit court, and on affirmance of the decree may be there enforced.—Brig Helen and Cargo, 1 Mason, 431. M'Clellan v. United States, 1 Gall. 227. Sergt. Con. Law. 141.
By an appeal from the district to the circuit court, the latter becomes possessed of the cause, and executes its own judgment, without the aid of the former. The property, or its proceeds in proceedings in rem, follow the appeal into the circuit court, and are subject to its order alone. But if by a further appeal the cause be removed to the supreme court, the property or its proceeds remain in the circuit court, the supreme court not executing its own judgments, but sending a special
mandate to the circuit court for that purpose. After appeal from the district to the circuit court, the former can make no order for the disposition of the property in the cause,-The Collector, 6 Wheat. 124. The Grotius, 1 Gall. 503. Jennings v. Carson, 4 Cranch, 2.-unless the thing be of a perishable nature, when the court below may order it to be sold.-Jennings v. Carson, 4 Cranch, 3. After an appeal to, and affirmance of the decree, by the supreme court, and remission of the cause for final proceedings, the circuit court may make orders as to the disposition of the property remaining in the circuit court, on application by petition.-The St. Lawrence, 2 Gall. 19.
An appeal suspends the effect of a decree appealed from.-Penhallow v. Doane's Exrs. 3 Dall. 54.
The circuit courts have no supervising power or control over the district courts; other than is given by the laws of the United States, which is to compel a rendition of a judgment or decree, and to examine it on error or appeal. They have no power to issue writs of mandamus after the practice of the King's Bench, but only where they are necessary for the exercise of their jurisdiction; as where a district court refuses to proceed to judgment, a mandamus lies to compel it. But a mandamus will not lie to compel such court to expunge amendments, improperly made in the record returned to the circuit court on a writ of error.-Smith v. Jackson, 1 Paine, 453.
The district court alone has original jurisdiction in admiralty cases, in such cases the circuit court has appellate jurisdiction only.-Jansen v. The Vrow Christina Magdalena, Bee. 11. Sundry African Slaves, the Governor of Georgia claimant appellant v. Juan Mandrazo, 1 Peters, 110.
The circuit court is not authorized to issue a certiorari or other compulsory process to the district court for the removal of a cause from that jurisdiction before final judgment. To such process the district court may, and ought to refuse obedience; and either party may move the circuit court for a procedendo, after the transcript of the record is removed into the circuit court, or he may pursue the cause in the district court, as if the record had not been removed. But if the defendant appear to the suit in the circuit court, take defence and plead to issue, that court has jurisdiction of the cause, it being considered as an original one entered by consent of the parties.-Patterson v. United States, 2 Wheat. 226.
ART. 538. The United States is divided into judicial districts, limited and called as follows: in each of which there is a district court, consisting of one judge, called a district judge, residing in the district for which he is appointed.(1) The district court
539. For the district of Maine, consisting of the state of Maine, is holden, annually, at Portland, on the first Tuesday of June, and the first Tuesday of December; and at Wiscasset, on the last Tuesday of February, and first Tuesday of September.(2) The salary of the judge is one thousand eight hundred dollars per annum :(3)
540. For the district of New Hampshire, consisting of the state of New Hampshire, is holden, annually, on the third Tuesdays of March, June, September, and December, at Exeter and Portsmouth, alternately.(4) The salary of the judge is one thousand dollars per annum :(5)
541. For Massachusetts district, consisting of the state of Massachusetts, is holden at Boston, on the third Tuesday of March, the fourth Tuesday of June, the second Tuesday of September, and the first Tuesday of December, annually.(6) The salary of the judge is two thousand five hundred dollars per annum :(7)
542. For Rhode Island district, consisting of the state of Rhode Island, 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.(8) The salary of the judge is one thousand five hundred dollars per annum :(9)
543. For Connecticut district, composed of the state of Connecticut, at Hartford and New Haven, alternately, on the fourth Tuesdays of February, May, August, and November, annually.(10) The salary of the judge is one thousand five hundred dollars per annum :(11)
544. For Vermont district, consisting of the state of Vermont, at Rutland, on the sixth day of October, and at Windsor, on the twenty-fourth day of May, annually.(12) The salary of the judge is twelve hundred dollars per annum :(13)
The clerk of the district court of Vermont, shall not issue process to summon, or cause to be returned to any session of such 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 such 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. Such court, at their stated sessions, shall give in charge to the grand juries,
(1) Acts 24th Sept. 1789, sec. 2, 3.December 18th, 1812. And see the acts establishing the several judicial districts since 1789.
(2) Acts 24th Sept. 1789, sec. 2, 3.13th April, 1792, sec. 4.-29th April, 1802, sec. 22.-28th Nov. 1811.-3d March, 1813, sec. 1.-3d April, 1818.27th January, 1831.
(3) Act 29th May, 1830.
(4) Act Sept. 24th, 1789, sec. 3. (5) Act Sept. 23d, 1789, sec. 1.
(6) Act Sept. 24th, 1789, sec. 3.June 9th, 1794.-March 3d, 1813, sec. 3. (7) Act 29th May, 1830.
(8) Act June 23d, 1790.-March 23d, 1804, sec. 4.
(9) Act 29th May, 1830.
(10) Act 24th Sept. 1789, sec. 1, 3.6th Feb. 1812, sec. 1.
(11) Act 29th May, 1830.
(12) Act March 2d, 1791.-March 3d, 1823.
(13) Act 29th May, 1830.