sent treaty. In witness whereof, we, the undersigned, their ministers plenipotentiary, have, in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto. Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and eighty-three. [L. S.] [L. S.] [L. S.] [L. S.] D. HARTLEY, DISTRICT OF COLUMBIA. CHAP. 86. An act concerning the district of Columbia. nia and Mary district. SECT. 1. Be it enacted by the Senate and House of Represen- Laws of Virgi tatives of the United States of America, in Congress assembled, land continued That the laws of the state of Virginia, as they now exist, in force in the shall be and continue in force in that part of the district of Columbia, which was ceded by the said state to the United States, and by them accepted for the permanent seat of government; and that the laws of the state of Maryland, as they now exist, shall be and continue in force in that part of the said district, which was ceded by that state to the United States, and by them accepted as aforesaid. It shall be formed into § 2. That the said district of Columbia shall be formed into two counties; one county shall contain all that part of said dis- two counties. trict, which lies on the east side of the river Potowmac, together with the islands therein, and shall be called the county of Washington; the other county shall contain all that part of said district, which lies on the west side of said river, and shall be called the county of Alexandria; and the said river in its whole course through said district shall be taken and deemed to all intents and purposes to be within both of said counties. established in 3. That there shall be a court in said district, which shall Circuit court be called the circuit court of the district of Columbia; and it the said court and the judges thereof shall have all the powers by law vested in the circuit courts and the judges of the circuit courts of the United States. Said court shall consist of one chief judge and two assistant judges resident within said district, to hold their respective offices during good behavior; any two of whom shall constitute a quorum; and each of the said judges shall, before he enter on his office, take the oath or affirmation provided by law to be taken by the judges of the circuit courts of the United States; and said court shall have power to appoint a clerk of the court in each of said counties, who shall take the oath and give a bond with sureties, in the manner directed for clerks of the district courts in the act to establish the judiciary of the United States. Sessions of the court. Subjects for the cognizance of the court. Where local actions shall ed. § 4. That said court shall, annually, hold four sessions in each of said counties, to commence as follows, to wit: For the county of Washington, at the city of Washington, on the fourth Mondays of March, June, September and December; for the county of Alexandria, at Alexandria, on the second Mondays of January, April, July, and the first Monday of October. 5. That said court shall have cognizance of all crimes and offences committed within said district, and of all cases in law and equity between parties, both or either of which shall be resident or be found within said district; and also of all actions or suits of a civil nature at common law or in. equity, in which the United States shall be plaintiffs or complainants; and of all seizures on land or water, and all penalties and forfeitures made, arising or accruing under the laws of the United States. § 6. Provided, &c. That all local actions shall be commencbe commenced in their proper counties, and that no action or suit shall be No suits to be brought before said court, by any original process against any person, who shall not be an inhabitant of, or found within said district, at the time of serving the writ, brought but against inhabitants, &c. A marshal to for the district. § 7. That there shall be a marshal for the said district, who be appointed shall have the custody of the gaols of said counties, and be accountable for the safe keeping of all prisoners legally committed therein; and he shall be appointed for the same term, shall take the same oath, give a bond with sureties in the same manner, shall have generally, within said district, the same powers, and perform the same duties, as is by law directed and provided in the case of marshals of the United States. Writs of error and appeals. An attorney to be appointed. $8. That any final judgment, order or decree in said circuit court, wherein the matter in dispute, exclusive of costs, shall exceed the value of one hundred dollars, may be re-examined and reversed or affirmed in the supreme court of the United States, by writ of error or appeal; which shall be prosecuted in the same manner, under the same regulations, and the same proceedings shall be had therein, as is or shall be provided in the case of writs of error on judgments, or appeals upon orders or decrees, rendered in the circuit court of the United States. 9. That there shall be appointed an attorney of the United States for said district, who shall take the oath and perform all the duties required of the district attornies of the United States; Allowances to and the said attorney, marshal and clerks, shall be entitled to the attorney, receive for their respective services, the same fees, perquisites and emoluments, which are by law allowed respectively to the attorney, marshal and clerk of the United States, for the district of Maryland❤ marshal and clerks. Compensation of the judges. Justices of the peace to be appointed. $10. That the chief judge, to be appointed by virtue of this act, shall receive an annual salary of two thousand dollars, and the two assistant judges, of sixteen hundred dollars each, to be paid quarterly, at the treasury of the United States. § 11. That there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace, as the president of the United States shall from time to time think expedient, to continue in office five years; and such justices, having taken an oath for the faithful and impartial discharge of the duties of the office, shall, in all matters civil and criminal, and in whatever relates to the conservation of the peace, have all the powers vested in, and shall perform all the duties required of, justices of the peace, as individual magistrates, by the laws herein before continued in force in those parts of said district, for which they shall have been respectively appointed; and they shall have cognizance in personal demands to the value of twenty dollars, exclusive of costs; which sum they shall not exceed, any law to the contrary notwithstanding: And they shall be entitled to receive for their services the fees allowed for like services by the laws herein before adopted and continued, in the eastern part of said district. 12. That there shall be appointed in and for each of the Registers of wills and judgsaid counties, a register of wills, and a judge to be called the es of the orjudge of the orphans court, who shall each take an oath for the phans court to be appointed. faithful and impartial discharge of the duties of his office; and shall have all the powers, perform all the duties, and receive the like fees, as are exercised, performed, and received, by the registers of wills and judges of the orphans court, within the state of Maryland; and appeals from the said courts shall be to the circuit court of said district, who shall therein have all the powers of the chancellor of the said state. execution 13. That in all cases where judgments or decrees have How to obtain been obtained, or hereafter shall be obtained, on suits now de- within the dispending in any of the courts of the commonwealth of Virginia, triet, upon or of the state of Maryland, where the defendant resides or has ready renderproperty within the district of Columbia, it shall be lawful for ed in courts of Maryland and the plaintiff in such case upon filing an exemplification of the Virginia. record and proceedings in such suits, with the clerk of the court of the county where the defendant resides, or his property may be found, to sue out writs of execution thereon, returnable to the said court, which shall be proceeded on, in the same manner as if the judgment or decree had originally been obtained in said court. courts of hus¬ court. $ 14. That all actions, suits, process, pleadings, and other Suits in the proceedings of what nature or kind soever, depending or ex-tings for Alexisting in the courts of hustings for the towns of Alexandria and andria and Georgetown Georgetown, shall be, and hereby are continued over to the continued to circuit courts to be holden by virtue of this act, within the the circuit district of Columbia, in manner following; that is to say: all such as shall then be depending and undetermined, before the court of hustings for the town of Alexandria, to the next circuit. court hereby directed to be holden in the town of Alexandria ; and all such as shall then be depending and undetermined, before the court of hustings for Georgetown, to the next circuit court hereby directed to be holden in the city of Washington: Provided nevertheless, That where the personal demand in such cases, exclusive of costs, does not exceed the value of twenty dollars, the justices of the peace within their respective counties, shall have cognizance thereof. Test of writs. Saving of the rights of corporations. 15. That all writs and processes whatsoever, which shall hereafter issue from the courts hereby established within the district, shall be tested in the name of the chief judge of the district of Columbia. 16. That nothing in this act contained shall in any wise alter, impeach, or impair the rights, granted by or derived from the acts of incorporation of Alexandria and Georgetown, or of any other body corporate or politic, within the said district, except so far as relates to the judicial powers of the corporations of Georgetown and Alexandria. [Approved, February 27, 1801.] Powers of the CHAP. 95. An act supplementary to the act, intituled "An act concerning the district of 1. Be it enacted, &c. That the circuit courts for the discircuit court. trict of Columbia shall be and they are liereby invested with the same power respecting constables, inspectors, and the inspection of tobacco and flour, surveyors, mills, highways and ferries, for the county of Alexandria, as have heretofore been vested in the county courts of the commonwealth of Virginia; and for the county of Washington, the same power and authority as have been heretofore exercised by the county and levy courts of the state of Maryland; with power to appoint to all other offices necessary for the said district, under the laws of the Fees of cer- respective states of Maryland and Virginia: And all officers for tain officers of whom no special provision is made by this act, or the act to which this is a supplement, shall receive the same fees and emoluments as they have respectively received under the jurisdiction of the respective states. the territory. Form of indictments. Mode of recovering and penalties. 2. That all indictments shall run in the name of the United States, and conclude, against the peace and government thereof: thereof: And all fines, penalties and forfeitures accruing undistribution of der the laws of the states of Maryland and Virginia, which by adoption have become the laws of this district, shall be recovered with costs, by indictment or information in the name of the United States, or by action of debt, in the name of the United States, and of the informer; one half of which fine shall accrue to the United States, and the other half to the informer; and the said fines shall be collected by or paid to the marshal, and one half thereof shall be by him paid over to the board of commissioners hereinafter established, and the other half to the informer; and the marshal shall have the same power regarding their collection, and be subject to the same rules and regulations as to the payment thereof, as the sheriffs of the respective states of Maryland and Virginia are subject to in relation to the same. Punishment of felonies. 3. That all felonies committed within the county of Alexandria shall be punished in the same manner as such crimes were punishable by the laws of Virginia, as they existed prior to the year one thousand seven hundred and ninety-six; and Jurisdiction of the circuit court for the said county of Alexandria shall possess and exercise the same powers and jurisdiction, civil and the circuit criminal, as is now possessed and exercised by the district courts court for Alexof Virginia. andria. form a board 4. That the magistrates, to be appointed for the said district, Magistrates to shall be and they are hereby constituted a board of commission- of county comers within their respective counties, and shall possess and exer- missioners. cise the same powers, perform the same duties, receive the same fees and emoluments, as the levy courts or commissioners of county for the state of Maryland possess, perform and receive; and the clerks and collectors, to be by them appointed, shall be subject to the same laws, perform the same duties, possess the same powers, and receive the same fees and emoluments as the clerks and collectors of the county tax of the state of Maryland are entitled to receive. emoluments of 5. That the clerks of the circuit court shall, within their Duties and respective districts, be bound to perform the same duties, respect the clerks of ing the recording of deeds and all other services, and shall re- courts. ceive the same fees and emoluments for the same (except in those cases provided for in the ninth section of the act to which this is a supplement) as are now performed and received by the clerks of the counties of the respective states of Maryland and Virginia. 6. That in all cases where the constitution or laws of the Delivery of fugitives. United States provide that criminals and fugitives from justice, or persons held to labor in any state, escaping into another state, shall be delivered up, the chief justice of the said district shall be, and he is hereby empowered and required to cause to be apprehended and delivered up such criminal, fugitive from justice, or persons fleeing from service, as the case may be, who shall be found within the district, in the same manner and under the same regulations as the executive authority of the several states are required to do the same; and all executive and judicial officers are hereby required to obey all lawful precepts or other process issued for that purpose, and to be aiding and assisting in such delivery. riff's and col counties may trict for the duos. 7. That it shall be lawful for the sheriffs and collectors Powers of she of public dues for the counties of Montgomery and Prince lectors of cerGeorge's, in the state of Maryland, and-for the sheriffs of Fair- tain adjacent fax county in the commonwealth of Virginia, and they shall be exercised respectively have full power and authority to enter into those within the dis parts of the now district of Columbia, which were heretofore collection of within the limits of their respective bailiwicks, for the purposcertain public es of collecting by distress or otherwise, as they were heretofore authorized to do, all officers' fees, state taxes and county taxes, levies, fines and other public dues, which were due on the first Monday of December one thousand eight hundred, and still remain uncollected, from persons residing or having property, subject to the payment of such officers' fees, state taxes and county taxes, and levies within the said district; and all disputes or controversies that do or may arise between such sheriff or collector, and the person or persons from whom he or they may claim such public dues, shall be cognizable before and tried by the respective state courts to whom the VOL. III. 243 |