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cretion.

A district court 3. That there be a court called a district court, in each of in each dis

the aforementioned districts, to consist of one judge, who shall trict, to consist of one resident reside in the district for which he is appointed, and shall be calljudge. ed a district judge, and shall hold annually four sessions, the Four sessions

first of which to commence as follows, to wit, in the districts of annually in a New York and of New Jersey on the first, in the district of Penndistrict ; and sylvania on the second, in the district of Connecticut on the the tiines of holding them.

third, and in the district of Delaware on the fourth, Tuesdays of Allered. See November next; in the districts of Massachusetts, of Maine, and act of 1792, ch. of Maryland, on the first, in the district of Georgia on the se21, and other acis in pari

cond, and in the districts of New Hampshire, of Virginia, and of materia, Kentucky, on the third, Tuesdays of December next; and the

other three sessions, progressively, in the respective districts, on the like Tuesdays of every third calendar month afterwards; and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Mon

day in December, of each and every year, commencing in DeSpecial district cember next; and that the district judge shall have power to courls, at dis- hold special courts at his discretion. That the stated district

court shall be held at the places following, to wit: in the district of Maine, at Portland and Pownalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first ; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh ; in the district of

South Carolina, at Charleston; and in the district of Georgia, Places of hold- alternately at Savannah and Augusta, beginning at the first : and ing special

that the special court 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 discre

tion shall direct. And that, in the districts that have but one Place of keep- place for holding the district court, the records thereof shall be ing records. kept at that place; and in districts that have two, at that place

in each district which the judge shall appoint.

9 4. That the beforementioned districts, except those of

Maine and Kentucky, shall be divided into three circuits, and be cuits, except; called the eastern, the middle, and the southern circuit. That &c. See infra,

the eastern circuit shall consist of the districts of New HampEastern cir

shire, Massachusetts, Connecticut, and New York; that the midMiddle circuit. dle circuit shall consist of the districts of New Jersey, PennsylSouthern cir- vania, Delaware, Maryland, and Virginia ; and that the southern cuit.

circuit shall consist of the districts of South Carolina, and GeorAltered, See act of 1792, ch. 21. act of 1793, ch. (22.) 66. act of 1802, ch. 31.

courts.

Districts divided into cir

sec, 10.

cuit.

courts,

gia; and that there shall be held annually in each district of said Two circuit circuits, two courts, which shall be called circuit courts, and courts annualshall consist of any two justices of the supreme court, and the Proviso; as to district judge of such districts, any two of 'whom shall constitute a judge's vola quorum : Provided, That no district judge shall give a vote in ingothiappeal any case of appeal, or error, from his own decision; but may as- decision. sign the reasons of such his decision.

Ø 5. That the first session of the said circuit court, in, the Times of first several districts, shall commence at the times following, to wit : session of cirin New Jersey on the second, in New York on the fourth, in Altered. See Pennsylvania on the eleventh, in Connecticut on the twenty-se- act of 1792, ch. cond, and in Delaware on the twenty-seventh, days of April Ch. (22.1 66. next; in Massachusetts on the third, in Maryland on the seventh, Act of 1802, ch. in South Carolina on the twelfth, in New Hampshire on the 31. twentieth, in Virginia on the twenty-second, and in Georgia on the twenty-eighth, days of May next; and the subsequent sessions in the respective districts, on the like days of every sixth calendar month afterwards, except in South Carolina, where the session of the said court shall commence on the first, and in Georgia, where it shall commence on the seventeenth, day of October; and except when any of those days shall happen on a Sunday, and then the session shall commence on the next day following. And the sessions of the said circuit court shall be Places of holdheld in the district of New Hampshire, at Portsmouth and Exeter ing the circuit alternately, beginning at the first; in the district of Massachusetts, at Boston ; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first ; in the district of New Jersey, at Trenton ; in the district of Pennsylvania, alternately at Philadelphia and York Town, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburgh, beginning at the first ; in the district of South Carolina, alternately at Columbia and Charleston, begiuning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall Special seshave power to hold special sessions for the trial of criminal sions of circauses at any other time, at their discretion, or at the discretion of the supreme court.

§ 6. That the supreme court may, by any one or more of its Adjournment justices being present, be adjourned from day to day, until a circuit courts. quorum be convened ; and that a circuit court may also be ad- See act of journed from day to day by any one of its judges, or if none are 1892, ch. 31, present, by the marshal of the district, until a quorum be con- 1794, ch. 32. vened; and that a district court, in case of the inability of the act of 1804, judge to attend at the commencement of a session, may, by vir- cel mai dury tue of a written order from the said judge, directed to the mar- of district court shal of the district, be adjourned by the said marshal to such day, in case of the antecedent to the next stated session of the said court, as in the judge's inabilisaid order shall be appointed ; and in case of the death of the Act of 1809, said judge, and his vacancy not being supplied, all process, 1803, ch. 94.

cuit courts.

1. See act of

over in case of

death.

The courts

Form of the clerk's oath.

Justices and

Proceedings, pleadings, and proceedings, of what nature soever, pending be&c. continued, fore the said court, shall be continued of course, until the next the judge's

stated session, after the appointment and acceptance of the office by his successor.

§ 7. That the supreme court, and the district courts, shall have power to have power to appoint clerks for their respective courts; and appoint clerks, that the clerk for each district court shall be clerk also of the 1920, ch. 107, circuit court in such district, and each of the said clerks shall, 8.

before he enters upon the execution 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 Clerks to give said clerks shall also severally give bond, with sufficient sureties, bond, in 2,000 (to be approved of by the supreme and district courts respec.

tively,) to the United States, in the sum of two thousand dollars, faithfully 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. That the justices of the supreme court, and the district judges to take judges, before they proceed to execute the duties of their respec

tive offices, shall take the following oath or affirmation, to wit: I, A. B. do solemnly swear, or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws

of the United States. So help me God.Exclusive ju 9. That the district courts shall have, exclusively of the risdiction of

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 1794, ch. 50,

seas; where no other punishment than whipping, not exceeding 1:15, ch. 253, thirty stripes, a fine not exceeding one hundred dollars, or a term

of imprisonment not exceeding six months, is to be inflicted; and 1807, ch. 68. (58.)

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 reSaving of the spective districts, as well as upon the high seas; saving to suitright of coin ors, in all cases, the right of a common law remedy, where the remedy.

common law is competent to give it: and shall also have exclu

sive original cognizance of all seizures on land, or other waters jurisdiction in than as aforesaid, made, and of all suits for penalties and forfeit

ures incurred, under the laws of the United States. And shall brought by aliens, &c. and

also have cognizance, concurrent with the courts of the several where the Uni- states, or the circuit courts, as the case may be, of all causes ted States sue where an alien sues for a tort only in violation of the law of nafor the value of 100 dolls.

Form of the oath.

the district

courts, &c.

See act of

$ 6. act of

4. act of

nion law

Concurrent

case of suits

tions, 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 Suits against courts of the several states, of all suits against consuls, or vice consuls, &c. consuls, except for offences above the description aforesaid.

Trial of fact, And the trial of issues in fact, in the district courts, in all causes, by jury; exexcept civil causes of admiralty and maritime jurisdiction, shall cept, &c. Seo

$ 12, sub finem. be by jury.

§ 10. That the district court in Kentucky district shall, be- Jurisdiction of sides the jurisdiction aforesaid, have jurisdiction of all other the Kentucky causes, except of appeals and writs of error, hereinafter made

Act of 1807, cognizable in a circuit court, and shall proceed therein in the ch. 71. 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 Maine district, Jurisdiction of shall, besides the jurisdiction herein before granted, have juris- the Maine, dis. diction of all causes, except of appeals and writs of error here- See post $ 21, inafter made cognizable in a circuit court, and shall proceed and act of

1803, ch, 93. therein in the same manner as a circuit court: And writs of er

act of 1820, ror shall lie from decisions therein, to the circuit court in the ch. 25. district of Massachusetts, in the same manner as from other district courts to their respective circuit courts.

§ 11. That the circuit courts shall have original cognizance, Original cogniconcurrent with the courts of the several states, of all suits of a`zance of the

circuit courts. civil nature, at common law, or in equity, where the matter in

Act of 1793, dispute exceeds, exclusive of costs, the sum or value of five hun- ch. 55. (11.) dred dollars, and the United States are plaintiffs, or petitioners ; ch. 25. act of or an alien is a party, or the suit is between a citizen of the state 1819, ch. 143. where the suit is brought, and a citizen of another state. And Exclusive cog. shall have exclusive cognizance of all crimes and offences cog- nizance of the nizable under the authority of the United States, except where circuit courts, 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 The bringing shall be brought, before either of said courts, against an inhabi- of civil suits in tant of the United States, by any original process,

other

circuit courts, district than that whereof he is an inhabitant, or in which he &c. Act of shall be found at the time of serving the writ; nor shall any dis- 1797, ch. 74, trict, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, iu 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

Appellate juthe circuit courts shall also have appellate jurisdiction from the risdiction of the district courts, under the regulations and restrictions herein after circuit courts. provided.

$ 12. That if a suit be commenced in any state court against Removal of an alien, or by a citizen of the state in which the suit is brought the value of

the district and

in any

500 dolls, be

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froin state courts to cir

ch. 71,

ch. 25.

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process, &c. Removal of causes from

tween citizens against a citizen of another state, and the matter in dispute exand aliens, &c.

ceeds the aforesaid sum or value of five hundred dollars, exclu

sive of costs, to be made to appear to the satisfaction of the cuit couris, &c. court, and the defendant shall, at the time of entering his apAct of 1807,

pearance in such state court, file a petition for the removal of Act of 1820,

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 Maine
to the district court next to be holden therein, or if in Kentucky
district, 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 al-
so for his there appearing, and entering special bail in 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 original-
ly taken, shall be discharged; and the said copies being enter-
ed as aforesaid, in such court of the United States, the cause

shall there proceed in the same manner as if it had been brought Removal of there by original process. And any attachment of the goods or suits not to af estate of the defendant, by the original process, shall hold the ment of goods goods or estate so attached, to answer the final judgment, in the by the original 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 comstate to circuit menced in a state court, the title of land be concerned, and the titles to land parties are citizens of the same state, and the matter in dispute claimed under exceeds the sum or value of five hundred dollars, exclusive of grants of difie- costs, the sum or value being made to appear to the satisfaction rent states, by

of the court, either party, before the trial, shall state to the court, saine state, are and make affidavit if they require it, that he claims, and shall rein dispule, to

ly upon a right or title to the land, under grant from a state,
the value of
500 dolls. &c. 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 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 men-
tioned, may then, on motion, remove the cause for trial to the
next circuit court, to be holden in such district, or if in the dis-
trict of Maine, to the court next to be holden therein ; or if in
Kentucky district, to the district court next to be holden there-
in ; but if he is the defendant, shall do it under the same regula-
tions 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 by jury ; ex

claim. And the trial of issues in fact in the circuit court shall, Exclusive ju

in all suits, except those of equity, and of admiralty and mari

time jurisdiction, be by jury. the supreme $ 13. That the supreme court shall have exclusive jurisdiction court; except, &c.

citizens of the

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Issues in fact

cept, &c.

risdiction of

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