Imágenes de páginas
PDF
EPUB

82. Sect. IV. The districts of the united states (excepting the districts of Maine, Kentucky, and Tennessee) shall be formed into six circuits, in manner following:

The districts of New Hampshire, Massachusetts and Rhode Island, shall constitute the first circuit;

The districts of Connecticut, New York and Vermont, shall consti. tute the second circuit;

The districts of New Jersey and Pennsylvania, shall constitute the third circuit;

The districts of Maryland and Delaware, shall constitute the fourth circuit;

The districts of Virginia and North Carolina, shall constitute tha fifth circuit ; and

The districts of South Carolina and Georgia, shall constitute the sixth circuit.

83. There shall be holden annually in each district of the said circuits, two courts, which shall be called circuit courts. In the first circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit; and the district judge of the district where such court shall be holden: In the second circuit, the said 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: In the third circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be holden: In the fourth circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be holden: In the fifth circuit, the circuit court shall consist of the present chief justice of the supreme court and the district judge of the district where such court shall be hoiden: In the sixth circuit, the said circuit court shall consist of the junior as. sociate justice of the supreme court in the fifth circuit, and the district judge of the district where such court shall be holden : Provided, That when only one of the judges hereby directed to hold the circuit courts, shall attend, such circuit court may be held by the judge so attending; and that when any of the said days shall happen on a Sunday,then the said court hereby direcied to be holden on such day, shall be hoiden on the next day thereafter, and the circuit courts constituted by this act, shall be held at the same place or places in each district of cvery circuit, as by law they were respectively required to be held previous to the thirteenth day of February, one thousand eight hundred and one, excepting as is herein before directed. And none of the said courts shall be holden until after the first day of July next, and the clerk of each district court shall be also clerk of the circuit court in such district, except as is hercin after excepted.

84. Sect. V. On every appointment which shall be hereafter made of a chief justice or associate justice, the said chief justice and assoeiate justices shall allot themselves among the aforesaid circuits aş they shall think fit, and shall enter such allotment on record. And in case no such allotment shall be made by them at their session next succeeding such appointment, and also, after the appointment of any judge, as aforesaid, and before any allotment shall have been made, it shall and may be lawful for the president of the united states to make şuch allotment as he shall deem proper, which allotment made in either case, shall be binding until another allotment shall be made ; and the circuit courts constituted by this act, shall have all the power, authority and jurisdiction within the several districts of their respective circuits that before the thirteenth day of February, one thousand eight hundred and one, belonged to the circuit courts of the united states, and in all cases which by appeal or writ of error, are, or shall be res moved 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 such circuit court. (See antea 39.]

85. SECT. VI. Whenever any question shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, during the same term, upon the request of either party, or their counsel, be stated under the direction of the judges, and certified under the seal of the court, to the supreme court, at their next session to be held thereafter ; and shall, by the said court, be finally decided. And the decision of the supreme court, and their order in the premises, shall be remitted to the circuit court, and be there entered of record, and shall have effect according to the nature of the said judgment and order : Provided, That nothing herein contained shall prevent the cause from proceed, ing, is, in the opinion of the court, farther proceedings can be had, without prejudice to the merits : And provided also, that imprisonment shall not be allowed, nor punishment in any case be inflicted, where the judges of the said court are divided in opinion upon the question toucha ing the said imprisonment or punishment.

86. SECT. VII. The district of North-Carolina shall be divided into three districts, one to consist of all that part thereof which by the laws of the state of North-Carolina, now forms the distriels of Edenton and Halifax, which district shall be called the district of Albemarle ; one other to be called the district of Pamptico, and to consist of all that part of North-Carolina which by the laws of the said state now forms the districts of Newbern and Hillsborough, together with all that part of the district of Wilmington which lies to the northward and eastward of new river; and one other to consist of the remaining part of the said district of North-Carolina, and to be called the districi of Cape Fear ; which said district courts shall be holden by the district judge of North-Carolina, and shall respectively have and exercise within their several districts, the same powers, authority and jurisdiction, which are vested by law in the districi courts of the united states,

87. Sect. VIII. The circuit court and district courts for the distria of North Carolina shall appoint clerks for the said courts respectively, which clerks shall reside and keep the records of the said courts at the places of holding the courts whereto they shall respectively beJong, and shall perform the same duties and be entitled to and receiye the same emoluments and fees, respeclively, which are by law established for the clerks of the circuit and district courts of the united states respectively. [See antca 66.]

88. SECT. IX. All actions, causes, pleas, process and other proceedings, relative to any cause, civil or criminal which shall be returnable to, or depending in the several circuit or district courts of the united states on the first day of July next, shall be and are hereby declared to be respectively transferred, returned and continued to the several circuit and district courts constituted by this act, at the times appointed for the holding of each of the said courts, and shall be heard, tried and determined therein in the same manner and with the same effeci, as if no change had been made in the said courts. And it shall be the duty of the clerk of each and every court hereby constituted, to receive and to take into his safe keeping the writs, process, pleas, proceedings and papers of all those causes and actions which by this act shall be transferred, returned or continued to such court, and also all the records and office papers of every kind respectively belonging to the courts abolished by the repeal of the act, entitled, “An act to provide for the more convenient organization of the courts of the united states," and from which the said causes shall have been transferred as aforesaid.

89. Sect. X. All suits, process, pleadings and other proceedings, cf what nature or kind soever, depending in the circuit court in the district of Ohio, and which shall have been, or may hereafter be commenced within the territory of the united states north west of the river Ohio, in the said court, shali, from and after the first day of July next, be continued over, returned, and made cognizable, in the superior court of the said territory next thereafter to be holden, and all actions, suits, process, pleadings, and other proceedings as aforesaid depending in the circuit court of the said district, and which shall have been or may hereafter be commenced within the Indiana territory in said court, shall, from and after the first day of July next, be continued over, returned and made cognizable, in the superior court of the said Indiana territory, next thereafter to be holden.

90. Sect. XI. In all cases in which proceedings shall, on the said first day of July next, be pending under a commission of bankruptc issued in pursuance of the aforesaid act, entitled “ An act to provide for the more convenient organization of the courts of the united states," the cognizance of the same shail be, and hereby is transferred to, and vested in, the district judge of the district within which such commis, sion shall have issued, who is hereby empowered to proceed therein in the same manner and to the same effect, as if such commission of bankruptcy had been issued by his order. [See postea 92.]

Sect. XII. (See Public Officers 33.)

91. Sect. XIII. The marshals and attornies of the united states, for the distries which were not divided, or within the limits of which, new districts were not crected, by the act entitled “An act to provide for the more convenient organization of the courts of the united states," passed the thirteenth day of February, one thousand eight hundred and one, shall continue to be marshals and attornies for such districts respectively, unless removed by the president of the united states, and in all other districts which were divided or within the limits of which new districts were erected by the last recited act, the president of the united states shall be and hereby is empowered from and after the first day of July next to discontinue all such supernumerary marshals and district attornies of the united states in such districts respectively as he shall deem expedient, so that there shall be but one marshal and district attorney to each district; and every marshal and distriet attorney who shall be continued in office, or appointed by the president of the united states in such districts, shall have and exercise the same powers, perform the same duties, give the same bond with suretics, take the same oath, be subject to the same penalties and regulations as are, or may be prescribed by law, in respect to the marshals and district attornies of the united states. And every marshal and district at. torney who shall beso discontinued as aforesaid shall be holden to deliver over all papers, matters and things in relation to their respec. tive offices, to such marshals and district attornies respectively who shall be so continued or appointed as aforesaid in such district in the same manner as is required by law in cases of resignation or removal from office.

92. Sect. XIV. There shall be appointed by the president of the united states, from time to time as many general commissioners of bankruptcy, in each district of the united states, as he may deem ne. cessary ; and upon petition to the judge of a district court for a commission of bankruptcy he shall proceed as is provided in and by an act, entitled " An act to establish an uniform system of bankruptcy throughout the united states," and appoint, not exceeding three of the said general commissioners as commissioners of the particular bankrupt pe. titioned against; and the said commissioners, together with the clerk shall each be allowed as a full compensation for their services, when sitting and acting under their commissions, at the rate of six dollars per day for every day which they may be employed in the same business, to be apportioned among the several causes on which they may act on the same day, and to be paid out of the respective bankrupt's estates : Provided, That the commissioners, who may have been, or may be appointed in any district before notice shall be given of the appointment of commissioners for such district by the president in pursuance of this act, and who shall not then have completed their business, shall be authorized to proceed and finish the same, upon the terms of their original appointment. [See Bankrupt 2.]

93. SECT. XVI. For the better establishment of the courts of the united states within the state of Tennessee, the said state shall be divided in two districts, one to consist of that part of said state, which lies on the east side of Cumberland mountain, and to be called the district of East Tennessee, the other to consist of the remaining part of said state, and to be called the district of West Tennessee.

SECT. XVII. The district judge of the united states, who shall hereafter perform the duties of aistriet judge, within the state of Tennes. see, shall annually hold four sessions.

94. SECT. XVIII. There shall be a clerk for each of the said districts of East and West Tennessee, to be appointed by the judge thereof, who shall reside and keep the records of the said courts, at the places of holding the courts, whereto they respectively shall belong, and shall perform the same duties, and be entitled to, and receive the same emoluments and fees, which are established by law for the cierks of the district courts of the united states, respectively. [See anteu 66.]

95. SECT. XIX. There shall be appointed, in and for each of the distriats of East and West Tennessee, a marshal whose duty it shall be to attend the district courts hereby established, and who shall have and exercise within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oaih, be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to the marshal of the disirici of Tennessee, by a law, passed the twentyeighth day of February, one thousand seven hundred and ninety-nine, and shall receive the same compensation and emoluments, and in all respects be subject to the same regulations as are now prescribed by law, in respect to the marshals of the united staics, heretofore appointed : Provided, That the marshals of the districts of East and West Tennessee, now in office, shall, during the periods for which they have been appointed, unless sooner removed by the president of the united states, be and continue marshals for the several districts hereby established, within which they respectively reside. [See anleu 64.]

96. SECT. XX. There shall be appointed for each of the districts of East and West Tennessee, a person learned in the law, to act as attorney for the united states within such district ; which attorney shall take an oath or affirmation for tlic faithful performance of the duties of his office, and shall prosecute in such district, all delinquencies, for crimes and offences, cognizable under the authority of the united stuits, and all civil actions or suits, in which the united states shall be concerned ; and shall be entitled to the same allowance, as a full compen: sation for all extra services, as hath heretofore been allowed to attornies 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 attornies of the united states, respectively : Provided, That the district attornies of East and West Tennessee, now in office, shall severally and respectively be attornies for those districts, within which they reside, until removed by the president of the united states. (See antea 67.]

97. Séct. XXI. All actions, suits, process, pleadings and proceedings, of what nature or kind soever, which shall be depending or existing in the sixth circuit of the united states, within the circuit courts of the districts of East and West Tennessee, shall be and herely are continued over to the district courts established by this act in manner following, that is to say : All such as shall on the first day of July next, be depending and undetermined, or shall then have been commenced, and made returnable before the circuit court of East Tennessees to the next district court hereby directed to be loklere within and

« AnteriorContinuar »