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mony, &c.

tance, &c.

person, or by his deputy, or, in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit person as the court shall specially appoint for that purpose, to whom they shall administer an oath or affirmation, that he will truly and impartially serve and return such writ. And when, from challenges, or otherwise, there shall not be a jury to determine any civil or criminal cause, the marshal or his

deputy shall, by order of the court where such defect of jurors Jurymen de talibus, &c.

shall happen, return jurymen de talibus circumstantibus sufficient to complete the pannel; and when the marshal or his deputy are disqualified as aforesaid, jurors may be returned by

such disinterested person as the court shall appoint. Mode of proof, § 30. That the mode of proof by oral testimony, and examiby oral testis

nation of witnesses in open court, shall be the same in all the See act of 1793, courts of the United States, as well in the trial of causes in equich, 22, 06. ty and of admiralty and maritime jurisdiction, as of actions at act of 1802, common law. And when the testimony of any person shall be ch, 31, | 25.

necessary in any civil cause depending in any district, in any Witnesses live court of the United States, who shall live at a greater distance ing at a dis from the place of trial than one hundred miles, or is bound on a

voyage to sea, or is about to go out of the United States, or out of such district, and to a greater distance from the place of trial

than as aforesaid, before the time of trial, or is ancient, or very Depositions de infirm, the deposition of such person may be taken, de bene esse, bene esse, &c. before any justice or judge of any of the courts of the United

States, or before any chancellor, justice, or judge of a supreme or superior court, mayor, or chief magistrate of a city, or judge of a county court or court of common pleas of any of the United

States, not being of counsel or attorney to either of the parties, Notice to the

or interested in the event of the cause, provided that a notificaadverse party tion from the magistrate before whom the deposition is to be taof intended de- ken to the adverse party, to be present at the taking of the same, positions, &c.

and to put interrogatories, if he think fit, be first made out and served on the adverse party, or his attorney, as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance after notified, not

less than at the rate of one day, Sundays exclusive, for every Notice for be- twenty miles travel. And in causes of admiralty and maritime nefit of claim- jurisdiction, or other cases of seizure, when a libel shall be filed, ant, in adini ralty causes,

in which an adverse party is not named, and depositions of per&c.

sons, circumstanced as aforesaid, shall be taken before a claim be put in, the like notification, as aforesaid, shall be given to the person having the agency or possession of the property libelled

at the time of the capture or seizure of the same, if known to the Examination libellant. And every person deposing as aforesaid, shall be of persons de

carefully examined and cautioned, and sworn or affirmed to tesposing, &c.

tify the whole truth, and shall subscribe the testimony by him or her given, after the same shall be reduced to writing, which

shall be done only by the magistrate taking the deposition, or Depositions to by the deponent in his presence. And the depositions so taken and delivered shall be retained by such magistrate, until he deliver the same into court, &c. with his own hand into the court for which they are taken, or Act of 1793, ch. (22.) 66.

shall, together with a certificate of the reasons as aforesaid, of

act of 1827.

their being taken, and of the notice, if any given, to the adverse party, be by him, the said magistrate, sealed up and directed to such court, and remain under his seal until opened in court. And any person may be compelled to appear and depose as Persons comaforesaid, in the same manner as to appear and testify in court. pelled to deAnd in the trial of any cause of admiralty or maritime jurisdic- pose, &c. tion in a district court, the decree in which may be appealed Securing of

in from, if either party shall suggest to and satisfy the court, that writing, to be probably it will not be in his power to produce the witnesses, used on appeal. there testifying, before the circuit court, should an appeal be had, and shall move that their testimony be taken down in writing, it shall be so done by the clerk of the court. And if an appeal be such testimohad, such testimony may be used on the trial of the same, if it ny allowed, on shall appear to the satisfaction of the court, which shall try the trial, in case of

death, absence, appeal, that the witnesses are then dead, or gone out of the Uni- &c. ted States, or to a greater distance than as aforesaid, from the place where the court is sitting ; or that, by reason of age, sickness, bodily infirmity, or imprisonment, they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions may have been taken therein, such depositions shall not be admitted or used in the cause. Provided, That nothing herein shall be construed to prevent any court of the United States from granting a dedimus potestatem, Dedimus poto take depositions according to common usage, when it may be testatem; acnecessary to prevent a failure or delay of justice ; which power usage, &c. they shall severally possess; nor to extend to depositions taken in perpetuam rei memoriam, which, if they relate to matters that Depositions in may be cognizable in any court of the United States, a circuit perpetuam rej court, on application thereto made as a court of equity, may,

memoriam,&e. according to the usages in chancery, direct to be taken.

$ 31. That where any suit shall be depending in any court of No abatement the United States, and either of the parties shall die before final de case per judgment, the executor or administrator of such deceased party, Executor, &c. who was plaintiff, petitioner, or defendant, in case the cause of to prosecute

and defend, action doth by law survive, shall have full power to prosecute or dic. defend any such suit, or action, until final judgment; and the defendant or defendants are hereby obliged to answer thereto accordingly; and the court before whom such cause may be depending, is hereby empowered and directed to hear and determine the same, and to render judgment for or against the executor or administrator, as the case may require. And if such Nezlecenfexeexecutor or administrator, having been duly served with a scire cutor or admifacias, from the office of the clerk of the court where such suit scire facias, is depending, twenty days before hand, shall neglect or refuse to subjects estate become a party to the suit, the court may render judgment

to judgment, against the estate of the deceased party, in the same manner as if the executor or administrator had voluntarily made himself a Executor, &c. party to the suit: And the executor or administrator, who shall entitled to conbecome a party as aforesaid, shall, upon motion to the court No abatement where the suit is depending, be entitled to a continuance of the in case of same until the next term of the said court. And if there be two dath of one of or more plaintiffs, or defendants, and one or more of them shall an action, &c.

&c.

Courts may

cept, &c.

die, if the cause of action shall survive to the surviving plaintiff
or plaintiffs, or against the surviving defendant or defendants, the
writ or action shall not be thereby abated; but such death being
suggested upon the record, the action shall proceed at the suit
of the surviving plaintiff or plaintiffs, against the surviving de-

fendant or defendants.
Writs, &c. not § 32. That no summons, writ, declaration, return, process,
to abate, &c.
for want of

judgment, or other proceedings in civil causes, in any of the form, &c.

courts of the United States, shall be abated, arrested, quashed,
or reversed, for any defect or want of form, but the said courts,
respectively, shall proceed and give judgment according as the
right of the cause, and matter in law, shall appear unto them,
without regarding any imperfections, defects, or want of form in
such writ, declaration, or other pleading, return, process, judg-

ment, or course of proceeding whatsoever, except those only in Except in cases cases of demurrer, which the party demurring shall specially set of demurrer.

down and express together, with his demurrer as the cause there

of. And the said courts, respectively, shall and may, by virtue amend imper- of this act, from time to time, amend all and every such imperwrits, plead- fections, defects, and wants of form, other than those only which ing, &c. exo the party demurring shall express as aforesaid; and may, at any

time, permit either of the parties to amend any defect in the
process or pleadings, upon such conditions as the said courts,
respectively, shall, in their discretion, and by their rules, pre-

scribe.
Power of justi $ 33. That for any crime or offence against the United States,
ces, judges,

the offender may, by any justice or judge of the United States, &c, in relation to offences or by any justice of the peace, or other magistrate of any of the against the U. United States, where he may be found, agreeably to the usual States, &c. Act of 1793, ch.

mode of process against offenders in such state, and at the ex(22.) 66. act of pense of the United States, be arrested, and imprisoned, or bail1798, ch, 100. ed, as the case may be, for trial before such court of the United

States, as by this act bas cognizance of the offence : And copies cess, recogni- of the process shall be returned as speedily as may be into the sance, &c.

clerk's office of such court, together with the recognisances of
the witnesses, for their appearance to testify in the case ; which
recognisances the magistrate, before whom the examination

shall be, may require on pain of imprisonment. And if such Removal of of- commitment of the offender, or the witnesses, shall be in a disfenders, wit.

trict other than that in which the offence is to be tried, it shall nesses, &c, by warrant, to the be the duty of the judge of that district where the delinquent is district of trial, imprisoned, seasonably to issue, and of the marshal of the same &c.

district to execute, a warrant for the removal of the offender,

and the witnesses, or either of them, as the case may be, to the Bail, in crimi. district in which the trial is to be had. And

upon

all arrests in nal cases, and criminal cases, bail shall be admitted, except where the punishbefore whom, ment may be death, in which cases it shall not be admitted but

by the supreme or a circuit court, or by a justice of the supreme

court, or a judge of a district court, who shall exercise their Bail, in cases discretion therein, regarding the nature and circumstances of pot punishable the offence, and of the evidence, and the usages of law. And with death,

if a person committed by a justice of the supreme, or a judge of
a district, court, for an offence not punishable with death, shall

17

Return of

pro

nd before whoin.

afterwards procure bail, and there be no judge of the United States in the district to take the same, it may be taken by any judge of the supreme, or superior, court of law of such state.

$ 34. That the laws of the several states, except where the Laws of the constitution, treaties, or statutes, of the United States, shall states, except, otherwise require or provide, shall be regarded as rules of deci- cision at comsion in trials at common law, in the courts of the United States, mon law, &c. in cases where they apply.

$ 35. That in all the courts of the United States, the parties Management may plead and manage their own causes personally, or by the of causes, in assistance of such counsel or attorneys at law, as by the rules of person or by

attorney, &c. the said courts, respectively, shall be permitted to manage and conduct causes therein. And there shall be appointed, in each Attorney for district, a meet person, learned in the law, to act as attorney for the U., States

in each district, the United States in such district, who shall be sworn, or affirm- &c. ed, to the faithful execution of his office, whose duty it shall be to Duty of district prosecute, in such district, all delinquents, for crimes and offen- attorneys. ces cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court, in the district in which that court shall be holden. And he shall receive, as a compensation for his Their compenservices, such fees as shall be taxed therefor in the respective sation. courts before which the suits or prosecutions shall be. And Attorney genethere shall also be appointed a meet person, learned in the law, tal for the Uni

ted States. to act as attorney general for the United States, who shall be sworn, or affirmed, to a faithful execution of his office; whose duty Duty of the arit shall be to prosecute and conduct all suits in the supreme torney general. court, in which the United States shall be concerned, and to give his advice and opinion upon questions of law, when required by the president of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compen, tion fixed by

. sation for his services as shall, by law, be provided. [Approved, law. September, 24, 1789.] Chap. 21. An act to regulate processes in the courts of the United States. (See act of § 1. Be it enacted, &c. That all writs and processes, issuing 40.)

1790, ch. (13.) from a supreme, or a circuit court, shall bear teste of the chief Teste of writs, justice of the supreme court, and if from a district court, shall &c. bear teste of the judge of such court, and shall be under the seal of the court from whence they issue; and signed by the clerk thereof. The seals of the supreme and circuit courts, to be pro- vided.

Seals to be provided by the supreme court, and of the district courts, by the respective judges of the same.

0 2. That until further provision shall be made, and except Forms of writs, where, by this act or other statutes of the United States, is oth- modes of proerwise provided, the forms of writs and executions, except their cess, dic. style, and modes of process and rates of fees, except fees to judges, in the circuit and district courts, in suits at common law, shall be the same in each state respectively as are now used, or

Forms of proallowed, in the supreme courts of the same. And the forms and

ceedings in modes of proceedings in causes of equity, and of admiralty and equity and admaritime jurisdiction, shall be according to the course of the ci- mịralty, &c.

40.

Rates of fees. vil law : And the rates of fees, the same as are, or were, last al

lowed by the states respectively, in the court exercising supreme Proviso; as to jurisdiction in such causes. Provided, That on judgments in any different kinds of the cases aforesaid, where different kinds of executions are isof executions.

suable in succession, a capias ad satisfaciendum being one, the plaintiff shall have his election, to take out a capias ad satisfaciendum in the first instance, and be at liberty to pursue the

same, until a tender of the debt and costs in gold or silver shall Limitation of be made. this act to the 12th Aug.

§ 3. That this act shall continue in force until the end of the 1790. next session of congress, and no longer. [Approved, September See act of

29, 1789.] 1790, ch. [13] Repealed. See Chap. 22. An act to explain and amend an act, entitled “An act for react of 1793,

gistering and clearing vessels, regulating the coasting trade, and for ch. [8]. 52. other purposes." Masters of

§ 1. Be it enacted, &c. That when any goods, wares, or mercrafts, or vesselsạconveying chandise, of foreign growth or manufacture, shall be unladen foreign goods from any ship or vessel in virtue of a permit, obtained for that lawfully unladen, &c. to a

purpose, and shall be put into a craft or vessel, with intent to be landing within transported to a landing within the same district, it shall be the the same disc duty of the inspector, or other officer attending the unlading of

be furnished with a

such goods, wares, and merchandise, to deliver to the master or certificate by commander of every such craft or vessel, a certificate of such the inspector, goods, wares, and merchandise, having been duly entered, and a c.

permit granted therefor; and such certificate shall contain a description of all the packages, with their marks and numbers, and shall authorize the transportation and landing of the same, at

any landing within the same district, without any further fee or Exemption of permit, any thing in the said recited act to the contrary notwithlicensed yes standing. sels, between

§ 2. That so much of the twenty-second section of the said twenty and five tons, from recited act, as exempts vessels of less than twenty, and not less entry, &c. for than five, tons burthen, employed between any of the districts of one year, extended to ves

the United States, in any bay or river, and having a license from sels not ex the collector of the district to which such vessel belongs, from ceeding fifty

entering and clearing for the term of one year, be extended to Act of 1789, vessels not exceeding fifty tons : Provided, such vessel shall not

have on board goods, wares, or merchandise, other than such as Proviso; as to the cargo.

are actually the growth or produce of the United States. Act of 1789, § 3. That so much of an act entitled “ An act to regulate the ch. 5. ( 18. collection of the duties imposed by law, on the tonnage of ships

or vessels, and on goods, wares, and merchandises, imported into the United States," as hath rated the ruble of Russia at one hundred cents, be, and the same is hereby, repealed and made

null and void. (Approved, September 29, 1789.] Expired act CHAP. 24. An act providing for the payment of the invalid pensioners of or 1790, ch.

the United States. (27). 54. Military pen.

1. Be it enacted, &c. That the military pensions which have sions granted been granted, and paid by the states, respectively, in pursuance and paid by the states, to

of the acts of the United States in congress assembled, to the inbe paid the valids who were wounded and disabled during the late war, shall United States, be continued and paid by the United States, from the fourth day for the space of a year.

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ch. 11.

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