Abbildungen der Seite

&c. of the su

habeas corpus,

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 Jurisdiction of have, exclusively, all such jurisdiction of suits or proceedings suits against

ambassadors, against ambassadors, or other public ministers, or their domes- &c. tics, 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 consyl shall be a party. And the trial of issues in fact in the supreme court, in Issues in fact all actions at law against citizens of the United States, shall be by jury. by jury. The supreme court shall also have appellate jurisdic- Appellate jution from the circuit courts and courts of the several states, in risdiction; prothe cases hereinafter specially provided for : and shall have pow- er; mandamus, er to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and preme court. writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, Scire facias, under the authority of the United States.

14. That all the beforementioned courts of the United and other States shall have power to issue writs of scire facias, habeas cor- Act of 1793, pus, and all other writs not specially provided for by statute, ch. 22. act of which may be necessary for the exercise of their respective juris- 1807, ch. 68. dictions, and agreeable to the principles and usages of law. And 1818, ch. 78. that either of the justices of the supreme court, as well as judges 98, 9, 10. act of the district courts, shall have power to grant writs of habeas

of 1826, ch, corpus, for the purpose of an enquiry into the cause of commit- 1819, ch. 143. ment.--- Provided, That writs of habeas corpus shall, in no case, bestand videos extend to prisoners in gaol, unless where they are in custody, under or by colour of the authority of the United States, or are corpus. committed for trial before some court of the same, or are neces- Proviso; as to sary to be brought into court to testify.

of habeas cor§ 15. That all the said courts of the United States shall have pus. power, in the trial of actions at law, on motion and due notice Power of the thereof being given, to require the parties to produce books or pel parties to writings in their possession or power, which contain evidence produce books

in evidence, as pertinent to the issue, in cases and under circumstances where

in chancery, they might be compelled to produce the same by the ordinary &c. rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion, to give the like judgment for the defendant as in cases of nonsuit; and if a defendant shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion as aforesaid, to give judgment against him or her by default.

V 16. That suits in equity, shall not be sustained in either of Suits in equity the courts of the United States, in any case where plain, ade- legal remedy. quate, and complete, remedy may be had at law.

$ 17. That all the said courts of the United States, shall have Power of the power to grant new trials, in cases where there has been a trial courts as to

granting new by jury, for reasons for which new trials have usually been grant- trials; admined in the courts of law, and shall have power to impose and ad- istering oaths ;

123. act of

as to habeas

extent of writs

courts to com

Facts to apo

in calises in

Altered. Act

punishing for minister all necessary oaths or affirmations, and to punish, by Contempt; ma. fine or imprisonment, at the discretion of said courts, all con

, .

tempts of authority in any cause or hearing before the same; and to make and establish all necessary rules for the orderly conducting business in the said courts, provided such rules are not repugnant to the laws of the United States.

§ 18. That when, in a circuit court, judgment upon a verdict in a civil action shall be entered, execution may, on motion of either party, at the discretion of the court, and on such condi

tions, for the security of the adverse party, as they may judge Stay of execu- proper, be stayed forty-two days from the time of entering judgtion forty-two ment, to give time to file, in the clerk's office of said court, a days, to give

petition for a new trial. And if such petition be there filed withopportunity for new trial, &c. in said term of forty-two days, with a certificate thereon, from

either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall, of course, be further stayed to the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void.

§ 19. That it shall be the duty of circuit courts, in causes in pear on record, equity, and of admiralty and maritime jurisdiction, to cause the

facts on which they found their sentence or decree, fully to apequity, of admiralty, &c. pear upon the record, either from the pleadings and decree it

self, or a state of the case agreed by the parties, or their counof 1803, ch. 93.

sel, or, if they disagree, by a stating of the case by the court. Plaintiffs and § 20. That where, in a circuit court, a plaintiff in an action, dibellants, fail- originally brought there, or a petitioner in equity, other than the ing in circuit

United States, recovers less than the sum or value of five hunver 500 dollars, dred dollars, or a libellant, upon his own appeal, less than the or 300 dollars,

sum or value of three hundred dollars, he shall not be allowed,

but, at the discretion of the court, may be adjudged to pay costs. Appeals from

§ 21. That from final decrees in a district court, in causes of

admiralty and maritime jurisdiction, where the matter in dispute 300 dolls, va exceeds the sum or value of three hundred dollars, exclusive of lue, in admi

costs, an appeal shall be allowed to the next circuit court, to be ralty causes.

held in such district. Provided nevertheless, That all such apof 1803, ch. 93. peals from final decrees as aforesaid, from the district court of Proviso ; as to Maine, shall be made to the circuit court next to be holden after

each appeal in the district of Massachusetts. Act of 1820, § 22. That final decrees and judgments, in civil actions in a ch, 25. Re-examina.

district court, where the matter in dispute exceeds the sum or tion of final de- value of fifty dollars, exclusive of costs, may be re-examined, and crees in circuit reversed, or affirmed, in a circuit court, holden in the same disabove 50 dolls. trict, upon a writ of error, whereto shall be annexed and return-. on writs of er- ed therewith, at the day and place therein mentioned, an authen

ticated transcript of the record, and assignment of errors, and prayer for reversal, with a citation to the adverse party, signed

by the judge of such district court, or a justice of the supreme Re-examina

court, the adverse party having at least twenty days' notice. judgments in And upon a like process, may final judgments and decrees in the supreme civil actions, and suits in equity in a circuit court, brought there Altered. Act by original process, or removed there from courts of the several of 1803, ch. 93. states, or removed there by appeal from a district court, where

court to reco

liable to costs.

district to circuit courts in

Altered. Act

district court of Maine.

ror, &c.

tion of final

to reversal of



the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, be re-examined and reversed, or affirmed, in the supreme court, the citation being in such case signed by a judge of such circuit court, or justice of the supreme court, and the adverse party having at least thirty days' notice. But there shall be no reversal in either court on such writ of Exception, as error, for error in ruling any plea in abatement, other than a

final judge plea to the jurisdiction of the court, or such plea to a petition or menis, &e. bill in equity, as in the nature of a demurrer, or for any error in fact. And writs of error shall not be brought but within five Writs of error years after rendering or passing the judgment or decree com- to be brougbt plained of, or in case the person entitled to such writ of error be an infant, feme covert, non compos mentis, or imprisoned, then within five years as aforesaid, exclusive of the time of such disability. And every justice, or judge, signing a citation on Security for any writ of error as aforesaid, shall take good and sufficient se- prosecuting curity, that the plaintiff in error shall prosecute his writ to effect, writs of error: and answer all damages and costs, if he fail to make his plea of 12. Dec'r. good.

1794, ch, 68. § 23. That a writ of error as aforesaid, shall be a supersedeas In what cases and stay execution, in cases only where the writ of error is serv- writs of error ed, by a copy thereof being lodged for the adverse party, in the persedeas, &c. clerk's office, where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of. Until the expiration of which term of ten days, executions shall not issue in any case where a writ of error may be a supersedeas; and where, upon such writ of error, the supreme or a circuit court shall affirm a judgment or decree, they shall adjudge or decree to the respondent in error just damages for his delay, and single or double costs at their dis- Damages and

costs to responcretion.

§ 24. That when a judgment or decree shall be reversed in a Judgment, on circuit court, such court shall proceed to render such judgment, reversal, in ciror pass such decree, as the district court should have rendered

preme courts; or passed; and the supreme court shall do the same on reversals except, &c. therein, except where the reversal is in favor of the plaintiff or petitioner in the original suit, and the damages to be assessed, or matter to be decreed, are uncertain, in which case they shall remand the cause for a final decision. And the supreme court Mandates from shall not issue execution in causes that are removed before them supreme to cirby writs of error, but shall send a special mandate to the circuit cuit courts. court, to award execution thereupon.

$ 25. That a final judgment or decree in any suit, in the In what cases highest court of law or equity of a state in which'a decision in final judga the suit could be had, where is drawn in question the validity of the highest a treaty or statute of, or an authority exercised under, the Uni- state courts, ted States, and the decision is against their validity; or where may be re-ente is drawn in question the validity of a statute of, or an authority supreme court, exercised under, any state, on the ground of their being repug- on writs of ernant to the constitution, treaties, or laws, of the United States, for, &c. and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under,

dents in error.

cuit and su

ments, &c. of

courts inay

the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the supreme court of the United States, upon a writ of error, the citation being signed by the chief justice, or judge or chancellor, of the court, rendering or passing the judgment or decree complained of, or by a justice of the supreme court of the United States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court, and the proceeding upon the reversal shall also be the same, except that the supreme court, instead of remanding the cause for a final decision, as before provided, may, at their discretion, if the cause shall have been once remanded before, pro

ceed to a final decision of the same, and award execution. But No error al. no other error shall be assigned or regarded as a ground of relowed but such versal, in any such case as aforesaid, than such as appears on the face of the the face of the record, and immediately respects the before record, &c. mentioned questions of validity or construction of the said

constitution, treaties, statutes, commissions, or authorities, in

dispute. In cases of for $26. That in all causes brought before either of the courts feiture, by de- of the United States, to recover the forfeiture annexed to any fession, &c. the articles of agreement, covenant, bond, or other specialty, where

the forfeiture, breach, or nonperformance, shall appear by the give judgment default or confession of the defendant, or upon demurrer, the in equity.

court before whom the action is, shall render judgment therein

for the plaintiff to recover so much as is due according to equiA jury to as ty. And when the sum for which judgment should be rendered sess where the is uncertain, the same shall, if either of the parties request it,

be assessed by a jury.

§ 27. That a marshal shall be appointed, in and for each disappointed for trict, for the term of four years, but shall be removeable from each district,

office at pleasure ; whose duty it shall be to attend the district four years, &c. and circuit courts, when sitting therein, and also the supreme Duties and court in the district in which that court shall sit: and to execute, powers of the

throughout the district, all lawsul precepts directed to him, and marshal, &c. Act of 1820,

issued under the authority of the United States, and he shall ch. 102. ch. have power to command all necessary assistance in the execu

tion of his duty, and to appoint, as there shall be occasion, one or more deputies, who shall be removeable from office by the

judge of the district court, or the circuit court sitting within the Marshal to district, at the pleasure of either. And before he enters on the give bond; duties of his office, he shall become bound for the faithful per

formance of the same, by himself and by his deputies, before the judge of the district court, to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take, before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office : “I, A. B. do solemnly swear or affirm, that I will faithfully erecute

sum is uncertain. Marshal to be

for the term of


and take an oath.

Form of the oath.

Defaults of de

Powers of the

all lawful precepts directed to the marshal of the district of
under the authority of the United States, and true returns make, and
in all things well and truly, and without malice or partiality, per-
form the duties of the office of marshal (or marshal's deputy, as the
case may be) of the district of

during my continuance in said office, and take only my lawful fees. So help me God."

$ 28. That in all causes wherein the marshal, or his deputy, Direction of shall be a party, the writs and precepts therein shall be directed writs, dic. in to such disinterested person as the court, or any justice or judge marshal, &c. thereof may appoint, and the person so appointed is hereby au- being a party. thorized to execute and return the same. And in case of the in case of the death of any marshal, his deputy, or deputies, shall continue in marshal's office, unless otherwise specially removed; and shall execute death, &c. the same in the name of the deceased, until another marshal shall be appointed and sworn : And the defaults, or misfeasances puties a breach in office of such deputy or deputies in the mean time, as well of bond. as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased mar- Esecutor or shal, shall have like remedy for the defaults and misfeasances in administratos office of such deputy or deputies during such interval, as they marshals to would be entitled to if the marshal had continued in life, and in have remedy the exercise of his said office, until his successor was appointed, against depuand sworn or affirmed: And every marshal, or his deputy, when removed from office, or when the term for which the marshal is marshal on reappointed shall expire, shall have power, notwithstanding, to moval from execute all such precepts as may be in their hands, respectively, osice, &c. at the time of such removal or expiration of office; and the Marshal anmarshal shall be held answerable for the delivery to his suc- swerable for cessor of all prisoners which may be in his custody at the time Prisoners, &c. of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody, until his successor shall be appointed, and qualified as the law directs.

§ 29. That in cases punishable with death, the trial shall be Trial of cases had in the county where the offence was committed ; or

punishable where

with death, to that cannot be done without great inconvenience, twelve petit be had in counjurors at least shall be summoned from thence. And jurors in ly; except,&c. all cases to serve in the courts of the United States, shall be de- Jurors to be signated by lot or otherwise, in each state respectively, accord- designated by ing to the mode of forming juries therein now practised, so far act of 1800, as the laws of the same shall render such designation practica- ch.61. ble, by the courts or marshals of the United States; and the jurors shall have the same qualifications as are requisite for jurors Qualifications by the laws of the state of which they are citizens, to serve in of jurors, &c. the highest courts of law of such state, and shall be returned, as Return of juthere shall be occasion for them, from such parts of the district, rors, &c. from time to time, as the court shall direct, so as shall be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burthen the citizens of any part of the district with such services. And writs of venire facias, Writs of venire when directed by the court, shall issue from the clerk's office, facias, &c. and shall be served and returned by the marshal in his proper


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