A district court in each dis trict, to consist judge. Four sessions annually in a district; and the tines of holding them. Altered. See 21, and other acts in pari materia. Special district courts, at dis cretion. 3. That there be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall of one resident reside in the district for which he is appointed, and shall be called a district judge, and shall hold annually four sessions, the first of which to commence as follows, to wit, in the districts of New York and of New Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware on the fourth, Tuesdays of 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 second, and in the districts of New Hampshire, of Virginia, and of 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 Monday in December, of each and every year, commencing in December next; and that the district judge shall have power to 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 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 discretion 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 kept at that place; and in districts that have two, at that place in each district which the judge shall appoint. ing special courts. ing records. Districts divided into cir &c. See infra, sec. 10. Eastern circuit. 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 the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut, and New York; that the middle circuit shall consist of the districts of New Jersey, PennsylSouthern cir- vania, Delaware, Maryland, and Virginia; and that the southern circuit shall consist of the districts of South Carolina, and Geor Middle circuit. cuit. Altered. See act of 1792, ch. 21. act of 1793, ch. [22.] 66. act of 1802, ch. 31. gia; and that there shall be held annually in each district of said circuits, two courts, which shall be called circuit courts, and shall consist of any two justices of the supreme court, and the district judge of such districts, any two of whom shall constitute a quorum: Provided, That no district judge shall give a vote in any case of appeal, or error, from his own decision; but may assign the reasons of such his decision. Times of first session of cirAltered. See act of 1792, ch. [22.1 66. cuit courts. 21. act of 1793, ch. Act of 1802, ch. 31. 5. That the first session of the said circuit court, in, the several districts, shall commence at the times following, to wit: in New Jersey on the second, in New York on the fourth, in Pennsylvania on the eleventh, in Connecticut on the twenty-second, and in Delaware on the twenty-seventh, days of April next; in Massachusetts on the third, in Maryland on the seventh, in South Carolina on the twelfth, in New Hampshire on the 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 Massachu- courts, setts, 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, beginning 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 causes 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 justices being present, be adjourned from day to day, until a quorum be convened; and that 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 that 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, sions of circuit courts. Adjournment of supreme and circuit courts. See act of 1802, ch. 31, 1. See act of 1794, ch. 32. act of 1804, 44, Adjournment of district court in case of the judge's inabili Act of 1809, 1803, ch. 94. ty to attend. ch. 94. act of Proceedings, over in case of pleadings, and proceedings, of what nature soever, pending be&c. continued fore the said court, shall be continued of course, until the next stated session, after the appointment and acceptance of the office by his successor. the judge's death. Justices and an oath. Form of the oath. 1 7. That the supreme court, and the district courts, shall have power to appoint clerks for their respective courts; and that 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 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 said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the supreme and district courts respectively,) 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. 66 8. That the justices of the supreme court, and the district judges to take judges, before they proceed to execute the duties of their respective 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 jurisdiction of the district courts, &c. See act of 1794, ch. 50, 6. act of § 4. act of 1807, ch. 68. [58.] 9. That 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 1915, 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 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 jurisdiction in 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 only in violation of the law of na Saving of the right of com mon law remedy. Concurrent case of suits brought by aliens, &c. and where the United States sue for the value of 100 dolls. 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 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. Suits against consuls, &c. Trial of fact, by jury; except, &c. See 12, sub finem. Jurisdiction of the Kentucky district court. ch. 71. 10. That the district court in Kentucky district shall, besides the jurisdiction aforesaid, have jurisdiction of all other causes, except of appeals and writs of error, hereinafter made Act of 1807, 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 Maine district, Jurisdiction of shall, besides the jurisdiction herein before granted, have jurisdiction of all causes, except of appeals and writs of error hereinafter 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 Massachusetts, in the same manner as from other district courts to their respective circuit courts. trict court, &c. See post 21, and act of the Maine dis 1803, ch. 93. act of 1820, ch. 25. circuit courts. Act of 1793, 1819, ch. 143. And Exclusive cog. nizance of the 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 civil nature, at common law, or in equity, where the matter in 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; act of 1800, ch. 25. act of 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. 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 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, in any 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 district, 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. the district and 1797, ch. 74, 6. suits, above § 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 500 dolls. be and aliens, &c. cuit courts, &c. Act of 1820, Removal of suits not to af fect the attachment of goods by the original process, &c. Removal of causes from tween citizens 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 of the 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 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 also 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 originally 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 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 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, or if in the district of Maine, 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 court shall, in all suits, except those of equity, and of admiralty and maritime jurisdiction, be by jury. state to circuit courts, where titles to land, claimed under grants of diffe rent states, by citizens of the sampe state, are in dispute, to the value of 500 dolls. &c. Issues in fact by jury; except, &c. Exclusive jurisdiction of the supreme court; except, &c. 13. That the supreme court shall have exclusive jurisdiction |