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other allowance or payment shall be made to them for travel, expenses, or otherwise. [See 88 597, 613.]
2 Mar., 1867, c. 168, s. 9, v. 14, p. 470. Nebr., 25 Mar., 1867, c. 7, s. 4, v. 15, p. 5. Wis., 30 June, 1870, c. 175, 8. 8, v. 16, p. 172. Va., 3 Feb., 1871, c. 35, s. 8, v. 16, p. 404. Ark., 3 Mar., 1871, c. 106, s. 5, v. 16, p. 472. N. C., 4 June, 1872, c. 282, s. 8, v. 17, p. 217. 18 Feb., 1875, c. 83, v. 18, p. 329.
Sec. 555. Clerks.-A clerk shall be appointed for each district court by the judge thereof, except in cases otherwise provided for by law.
24 Sept., 1789, c. 20, s. 7, v. 1, p. 76. 10 April, 1869, c. 22, s. 2, v. 16, p. 45. 20 June, 1874, c. 328, v. 18, p. 109.
Sec. 556. Arkansas, eastern districts: clerks.-[In the western district of Arkansas there shall be appointed two clerks of the district court thereof; one of whom shall reside and keep his office at Fort Smith, and the other shall reside and keep his office at Helena.] [In the eastern district of Arkansas there shall be appointed two clerks of the district court thereof, one of whom shall reside and keep his office at Little Rock, and the other shall reside and keep his office at Helena.] That part in italic is repealed, and substituted by Ch. 41, Jan. 31, 1877.
3 Mar., 1851, c. 24, s. 4, v. 9, p. 595. 3 Mar., 1871, c. 106, 8. 4, v. 16, p. 472. 31 Jan., 1877, c. 41, v. 19, p. 230.
SEC. 557. Kentucky: clerks. In the district of Kentucky a clerk of the district court shall be appointed at each place of holding the court, in the same man ner and subject to the same duties and responsibilities, which are, or may be, provided concerning clerks in independent districts.
15 May, 1862, c. 71, s. 7, v. 12, p. 387. 10 April, 1869, c. 22, s. 3, v. 16, p. 45.
Sec. 558. Deputy clerks.-One or more deputies of any clerk of a district court may be appointed by the court, on the application of the clerk, and may be removed at the pleasure of judges authorized to make the appointment. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the life-time of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond, shall be liable; and his executor or administrator shall have such remedy for any such default of misfeasences committed after his death as the clerk would be entitled to if the same had occurred in his life-time.
8 June, 1872, c. 336, v. 17, p. 330.
Sec. 559. Deputy clerks of the district court in Indiana.—In the district of Indiana the clerk of the district conrt must appoint a deputy clerk for said court held at New Albany, and a deputy clerk for said court held at Evansville; who shall reside and keep their offices at said places respectively. Each deputy shall keep in his office full records of all actions and proceedings in the district court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of other district courts in like cases.
3 Mar., 1871, c. 108, s. 1, v. 16, p. 473. 30 June, 1870, c. 180, ss. 1, 7, v. 16, p. 175. 8 June, 1872, c. 336, v. 17, p. 330.
Sec. 560. Iowa: deputy clerks. In the district of Iowa a deputy clerk of the district court shall be appointed at each place, in the four divisions of said district, where said court is required to be held; each of whom, in the absence of the clerk, may exercise all the official powers of clerk, at the place and within the division for which he is appointed.
3 Mar., 1849, c. 124, s. 4, v. 9, p. 412. 3 Mar., 1859, c. 85, ss. 5, 8, v. 11, pp. 437, 438. 30 June, 1870, c. 178, ss. 1, 3, v. 16, p. 174. 30 June, 1870, c. 180, s. 7, v. 16, p. 175. 8 June, 1872, c. 336, v. 17, p. 330.
Sec. 561. Compensation of deputy clerks.—The compensation of deputies of the clerks of the district court shall be paid by the clerks, respectively, and allowed in the same manner that other expenses of the clerks' offices are paid and allowed.
8 June, 1872, c. 336, v. 17, p. 330. . Sec. 562. Records, where kept.-The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any district, and the place of keeping the records is not specifically provided by law, they shall be kept at either of the places, of holding the court which may be designated by the district judge.
568. District judge shall demand and 564. Certain seizures cognizable in compel delivery of records of
any district into which the territorial court.
1569. Jurisdiction of district courts in 565. May proceed in prize causes cases transferred from territoafter appeal.
rial courts. 566. Trial of issue of fact.
570. Commissioners to administer 567. Transfer of records to district oaths to appraisers.
courts when a Territory be- 571. Certain district courts to have comes a State.
I circuit court jurisdiction.
SECTION 563. Jurisdiction. The district courts shall have jurisdiction as follows:
First. Crimes and offenses.-Of all crimes and offenses cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, the punishment of which is not capital, except in the cases mentioned in section fifty-four hundred and twelve, Title, “CRIMES.” [See 88 4300-4305.]
24 Sept., 1789, c. 20, s. 9, v. 1, p. 76. 3 Mar., 1815, c. 101, s. 4, v. 3, p. 245. 23 Aug., 1842, c. 188, s. 3, v. 5, 517. 28 Feb., 1871, c. 100, s. 57, v. 16, p. 456. 3 Mar., 1875, c. 137, 88.1, 9, v. 18, pp. 470, 473.
The judiciary act of 1789. — Section 9 provides as follows: "That the district courts shall have, exclusively of the courts of the several states, cognizance of all crimes and offenses 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 the laws of imposts, 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 burden, within their respective districts, as well as upon the high seas: saving to sailors, 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 one sues for a tort, only, 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 State courts of the several states, of all suits against consuls or vice-consuls, except for offenses above the description aforesaid. And the trial of issues in fact, in the district courts, in all cases except civil causes of admiralty jurisdiction, shall be by jury.” Act of Sept. 24, 1789; 1 Stat. at Large, 73; Bight, 25.
See Act February 16, 1875, prescribing the duties of circuit courts in certain admiralty and other causes, in following chapter.
Jurisdiction, exclusive in criminal cases.— The State courts have no jurisdiction of offenses committed against the laws of the United States, and no part of the criminal jurisdiction of the United States can, consistently with the constitution, be delegated to the State tribunals. But the State courts may exercise jurisdiction in all cases authorized by the laws of the State, and not prohibited by the exclusive jurisdiction of the federal courts. Stearns v. United States, 2 Paine, C. C., 300; United States v. Holliday, 3 Wall., 407. See, also, post, $ 711, and notes.
Where the district court had jurisdiction to try and punish an offense, and a party charged with the offense was held in custody of a marshal, he failing to give a recognizance for his appearance at the next term of the district court for trial, it was held that a State judge had no authority to issue a habeas corpus to release the prisoner from custody, and that the validity of the proceedings could not be called in question, by any State court, on a writ of habeas corpus. Ableman v. Booth, 21 How., 507.
Jurisdiction in case of contempts, contumacy, etc. The courts of the United States have no common law jurisdiction in cases of libel against government officers; but they have power to fine for contempts; to imprison for contumacy; and to enforce observance of their orders. They have no implied powers in criminal cases. United States v. Hudson, 7 Cr., 32; United States v. Coolidge, 1 Wh., 415; United States v. Bevans, 3 Wh., 336.
Second. Of piracy, when.-Of all cases arising under any act for the punishment of piracy, when no circuit court is held in the district of such court.
3 Mar., 1823, c. 72, v. 3, p. 789.15 May, 1820, c. 113, v. 3, p. 600. 30 Jan., 1823, c. 7, v. 3, p. 721.