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Where divided in opinion
Clerks to be appointed Difria of North-Tarolina
Marshals for fame Clerks to be appointed
Aliornies for same Proceedings continued
Proceedings continued Circuit court of Okio di Aria
Difrict court of Columbia Proceedings in case of bankruptcy
Proceedings in equity Marfials, &c. so he continued, &c.
Clerks of Norfolk difri& cours
JOO Commiffioners of bankrupery
District cowi of Vermont Difricts of Tennessee
93 | Special juries ACT of September 24, 1789. (Vol. I. p. 47.) 1. SECT. I. The supreme court of the united states shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. The associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages. [Altered, see postea 79.]
2. Sect. II. The united states shall be, and they hereby are divided into thirteen districts, to be limited and called as follows, to wit : One to consist of that part of the state of Massachusetts which lies easterly of the state of New Hampshire, and to be called Main District; one to consist of the state of New Hampshire, and to be called NewHampshire district ; one to consist of the remaining part of the state of Massachusetts, and to be called Massachusetts district ; one to consist of the state of Conncalicut, and to be called Connecticut district; one to consist of the state of New York, and to be called New-York district; one to consist of the state of New Jersey, and to be called NewJersey district; one to consist of the state of Pennsylvania, and to be called Pennsylvania district ; one to consist of the state of Delaware, and to be called Delaware district ; one to consist of the state of Maryland, and to be called Maryland district; one to consist of the state of Virginia, except that part called the district of Kentucky, and to be called Virginia district ; one to consist of the remaining part of the state of Virginia, and to be called Kentucky district ; one to consist of the state of South-Carolina, and to be called the South-Carolina district; and one to consist of the state of Georgia, and to be called Georgia district. (See postea 36, 37, 38, 62.)
3. SECT. II. There shall be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which lie is appointed, and shall be calied a district judge, and shall hold annually four* sessions ; he shall have power to hold special courts at his discretion. The special courts shall be held at the same place in each district as the stated courts, or in districts that have two, at either of them, in the discretion of the judge, or at such other place in the district, as the nature of the business and his discretion shall direct. And in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint.
• Aliered as to Kentucky ; see list of courts, as the end.
4. Sect. IV. No distriot judge shall give a vote in any case of ap. peal or error from his own decision ; but may assign the reasons of such his decision.
5. SECT. V. The circuit courts shall have power to hold special sessions for the trial of criminal causes at any other time at their discretion, or at the discretion of the supreme court. (See postea 52.] Nore. The first part of this section fixes the times and places of holding
circuit courts, which have been altered. See list at the end of this
tiile. 6. Sect. VI. The supreme court may, by any one or more of its justices being present, be adjourned from day to day until a quorum be convened ; and a circuit court may also be adjourned from day to day by any one of its judges, or if none are present, by the marshal of the district until a quorum be convened ; and a district court in case of the inability of the judge to attend at the commencement of a session, may by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the said marshal to such day, antecedent to the next stated session of the said court, as in the said order shall be appointed, and in case of the death of the said judge, and his vacancy not being supplied, all process, pleadings and proceedings of what nature soever, pending before the said court, shall be continued of course until the next stated session after the appointment and acceptance of the oflice by his successór.
7. SECT. VII. The supreme court, and the district courts shall have power to appoint cierks for their respective courts, and the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the extcution of his office, take the following oath or affirmation, to wit: “ I, A. B. being appointed clerk of
do solemnly swear or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond with sufficient sureties, (to be approved of by the supreme and districts courts respectively) to the united states, in the sum of two thousand dollars, faith fully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk.
8. Sict. VIll. The justices of the supreme court and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirination, to wit : “], A. B. do solemnly swear or ailirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will laithfully and impartially discharge and perform all the duties incumber.i on me as
, according to the best of my abilities and understanding, agreeably to the constitution and iaws of the united states. So heip me God.”
9. SECT. IX. The district courts shall have, exclusively of the courts of the several states, cognizance of all crimes and offences that shall be cognizable under the authority of the united states, committed within their respective districts, or upon the high seas ; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the united states, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas ; saving to suitors, in all cases the right of a common law remedy, where the common law is competent to give it : And shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid made, and of all suits for penalties and forfeitures incurred, under the laws of the united states. And shall also have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort oniy in violation of the law of nations or a treaty of the united states. And shall also have cognizance, concurrent as last mentioned, of all suits at common law where the united states sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several states, of all suits against consuls or vice consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury.
10. Sect. X. The district court in Kentucky district shall, besides the jurisdiction aforesaid, have jurisdiction of all other causes, except of appeals and writs of error, herein after made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court, and writs of error and appeals shall lie from decisions therein to the supreme court in the same causes, as from a circuit court to the supreme court, and under the same regulations. And the district court in Main district, shall besides the jurisdiction herein before granted, have jurisdiction of all causes, except of appeals and writs of error herein after made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court: And writs of error shall lie from decisions therein to the circuit court in the district of Massachu. setts in the same manner as from other district courts to their respective circuit courts. (See postea 52.]
11. Sect. XI. The circuit courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the united states are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the united states, except where this act otherwise provides, or the laws of the united states shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein. But no person shall be arrested in one district for trial' in another, in any civil action before a circuit or district court : And no civil suit shall be brought before either of said courts against an inhabitant of the united states, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ, nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions herein after provided.
12. Sect. XII. If a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state, and the matter in dispute exceeds the aforesaid sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction ofthe court; and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial into the next circuit court, to be held in the district where the suit is pending, or if in the district of Main, to the district court next to be holden therein, or if in Kentucky distria, to the district court next to be holden therein, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bailin the cause, if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause, and any bail that may have been originaliy taken shall be discharged, and the said copies being entered as aforesaid, in such court of the united states, the cause shall there proceed in the same manner as if it had been brought there by original process. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit commenced. 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 exceeds the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court and make affidavit if they require it, that he claims and shall rely upon a right or title to the land, under a grant from a state, other than that in which the suit is pending, and produce the original grant or an exemplification of it, 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 shall give such information, or otherwise not to be allowed to plead such grant, or give it in evi. dence 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, or if in the district of Main, to the court next to be holden therein ; or if in Kentucky district, to the district court next to be holden therein ; but if he is the defendant, 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. And the trial of issues in fact in the circuit courts shall, in all suits, except those of equity, and of admiralty, and maritime jurisdiction, be by jury.
13. Sect. XIII. The supreme court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations ; and original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice consul shall be a party. And the trial of issues in fact in the supreme court in all actions at law against citizens of the united states, shall be by jury. The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for: And shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mur. damus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the united states.
14. Segt. XIV. All the before mentioned courts of the united states, shall have power to issue writs of scire fucias, habeas corpus and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. And either of the justices of the supreme court, as well as judges of the district courts, shall have power to grant wriis of habeas corpus for the purpose of an enquiry into the cause of commitment.-- Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by color of the authority of the united states, or are commita ted for trial before some courtof the same, or are necessary to be brought into court to testify.
15. Sect. XV. All the said courts of the united states, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in-chancery ; and if a plaintiff shall fail to comply with such order, to produce books,