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number of days, for the trial of causes arising under the constitution and laws of the United States, is hereby repealed.(1)
596. The marshals of each district shall reside within the same, and execute all the process of such courts, whether arising under the laws of the United States, or of the territory ; and perform all the duties of ministerial officers of the same ; and shall execute bond, with security, to be approved by said judges, conditioned for the performance of the duties required of the executive officers, by the laws of said territory, in the sum of ten thousand dollars, which shall be recorded by the clerks of said courts.(2)
597. There shall be organized in said territory, a court of appeals, to be composed of the judges of the superior courts, a majority of whom shall be a quorum, but two judges may make an interlocutory order, or grant any writ authorized by law, and shall hold, annually, at the seat of government, one session, commencing on the first Monday in January. The senior judge shall be the presiding judge of said court, and the other judges shall have precedence according to the date of their commissions, or where their commissions are of the same date, according to their respective ages. The said court may, by any one of its judges being present, be adjourned from day to day, until a quorum be convened ; and if no one of its judges be present, by the marshal of such court, until a quorum be convened; and the district attorney, marshal, and clerk of the superior court, of the middle district, shall be officers of the court of appeals : and writs of error and appeal from the decision of such court, shall be made to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit court of the United States, where the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars.(3)
When, by the death, sickness, or inability to attend, of any of the judges, or for any other cause, the regular terms of said court shall not be holden, the judges may appoint a special term.(4)
The provisions and regulations contained in the twenty-fifth section of the act of the twenty-fourth of September, one thousand seven hundred and eighty-nine, entitled, “ an act to establish the judicial courts of the United States,” in regard to writs of error and appeals to the supreme court of the United States, from a final judgment or decree in any suit in the highest court of law or equity of a state, shall be applicable to writs of error and appeals to the supreme court of the United States from the highest court of law or equity in said territory, having jurisdiction of the subject matter, in the same manner as writs of error and appeals are authorized now to be taken and prosecuted under the aforesaid twenty-fifth section of the act of twenty-fourth of September, one thousand seven hundred and eighty-pine, from any court in any state; and writs of error and appeals, in virtue of the said twenty-fifth section, are hereby authorized to be taken and prosecuted, from the highest court of law or equity having jurisdiction of the subject matter in the said territory.(5)
The regulations prescribed by the second section of the act, entitled, “ An act in addition to an act, entitled, “An act to amend the judicial system of the United States,'” approved the third of March, one thousand eight hun. dred and three, as far as said regulations shall be practicable, shall be observed in respect to all writs of error and appeals from the said court of appeals in the said territory to the Supreme court of the United States.(6)
(1) Act May 13th, 1826, sec. 8,
2) Ibid, sec. 9. (3) Act May 26th, 1824, sec. 4.
July 14th, 1832, sec. 1.
(4) Act Feb. 25th, 1836, sec. 2.
Appeals and writs of error may be taken and prosecuted, in all cases, from the decisions and judgments of the highest court of said territory to the supreme court of the United States, where the amount in controversy exceeds one thousand dollars.(1)
If, in any prosecution for piracy, or any other criminal offence against the laws of the United States, or of the territory of Florida, it shall be found impracticable to obtain a sufficient number of jurors for the trial of any person or persons charged with said criminal offences in the southern judicial district of Florida, it shall be lawful for the judge to send said person or persons, with the indictment and other papers, to the eastern or middle dis. trict for trial, and to take recognizances from the witnesses to appear in the said eastern or middle district, in the same manner as he is empowered by law to do, in the district of which he is the judge.(2)
598. The marshal of each of the said courts, shall be subject to such regulations and penalties as the legislative council shall impose, while acting under, and in virtue of the territorial laws.(3)
Of the Courts in the Wisconsin Territory.
Judicial power-how vested-su
preme court-district courts-jurisdiction, how limited-clerks, how appointed-writs of error, &c. from district courts clerk supreme court-appeals, &c. to
supreme court U. S.-power of
Art. 599. The judicial power of the said territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace.
The supreme court shall consist of a chief justice and two associate judges, any two of whom shall be a quorum, and who shall hold a term at the seat of government of the said territory, annually, and they shall hold their offices during good behaviour.
The said territory shall be divided into three judicial districts; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law.
The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, however, That justices of the peace shall not have jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction.
Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held, and the said clerks shall also be the registers in chancery; and any vacancy in said office of clerk happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court.
And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases, from the final decisions of the said district courts to the supreme court, under such regulations as may be prescribed by
(1) Act July 14th, 1832, sec. 4. (2) Act July 2d, 1836, sec. 2.
(3) Act May 26th, 1824, sec. 3.
law; but in no case removed to the supreme court, shall a trial by jury be allowed in said court...
The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of error, and appeals from the final decisions of the said courts, in such cases shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerks shall receive, in all such cases, the same fees which the clerk of the district court of the United States in the northern district of the State of New York receives for similar services.(1)
600. There shall be an attorney for the said territory appointed, who shall continue in office four years, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the Michigan Territory. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president, who shall execute all process issuing from the said courts when ex. ercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the northern district of the State of New York; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra services.(2)
OF THE JURISDICTION OF THE STATE JUDICIARY, UNDER THE LAWS OF THE
UNITED STATES. *
County courts in certain districts
have cognizance of complaints, &c. for fines-district attorneys to appoint deputies
601 Certain county courts have jurisdic
(1) Act 20th April, 1836, sec. 9.
tion in cases of internal duties
(2) Ibid. sec. 10.
• The state courts have cognizance of causes, arising under the laws of the United States, where, by such laws, the jurisdiction of such courts is not excluded. But congress cannot confer jurisdiction upon a court not created by the constitution and laws of the United States.-Houston v. Moore, 5 Wheat. 26, 27, 28. See as to the power of congress to confer jurisdiction on state courts, the Federalist, No. 81, and particularly Serg. Con. Law, 266, and seq.
Where the jurisdiction of the courts of the United States, and of a state court is concurrent, the sentence of either court, whether of conviction or acquittal, may be pleaded in bar to a prosecution in the other.-Houston y. Moore, 5 Wheat, 31. ART. 601. The several county courts, within or next adjoining the revenue districts of Champlain, Sacket's Harbour, Oswego, Genesee, Niagara, and Buffaloe creek, in the State of New York; in the district of Presqu'isle, in the State of Pennsylvania, and in the revenue districts in the State of Ohio, on lake Erie, shall take cognizance of all complaints and prosecutions for fines, penalties, and forfeitures, arising under the revenue laws of the United States, but shall not have jurisdiction over civil causes, arising in such districts, respectively, for the collection of duties payable to the United States, or of bonds or security given for the payment of duties to the United States.(1)
The district attorneys for New York, Pennsylvania, and Ohio respectively, shall appoint by warrant, an attorney, as their deputy, to prosecute for the United States, in each of such county courts, who shall be sworn to the faithfal execution of his duty.(1)
602. The respective state or county courts within or next adjoining a col. lection district established by any act of congress now in being, or hereafter to be passed for the collection of any direct tax or internal duties of the United States, shall be, and are hereby authorized to take cognizance of all complaints, suits and prosecutions for taxes, duties, fines, penalties and forfeitures arising and payable under any of the acts passed or to be passed as aforesaid, or where bonds are given under the said acts; and the district attorneys of the United States are hereby authorized and directed to appoint by warrant an attorney as their substitute or deputy in all cases where neces. sary to sue or prosecute for the United States, in any of the said state or county courts within the sphere of whose jurisdiction the said district attorneys do not themselves reside or practice; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty.(2)
The jurisdiction conferred by the foregoing section shall be considered as attaching in the cases therein specified without regard to the amount or sum in controversy, and it shall be concurrent with the jurisdiction of the district courts of the United States; but may nevertheless be exercised in cases where the fine, penalty or forfeiture may have been incurred, or the cause of action or complaint have arisen, at a less as well as a greater distance than fifty miles from the nearest place by law established for the holding of a district court of the United States. But in all suits or prosecutions instituted by or on behalf of the United States in any state or county court, the process, proceedings, judgment and execution therein shall not be delayed, suspended or in any way barred or defeated by reason of any law of any state authorizing or directing a stay or suspension of process, proceedings, judgment or execution: Provided, That final decrees and judgments in civil actions, passed or rendered in any state court by virtue hereof, may be re-examined in the cir. cuit court of the United States, in the same manner and under the same limitations as are prescribed by the twenty-second section of the act to estab. lish the judicial courts of the United States, passed the twenty-fourth of September, seventeen hundred and eighty-nine.(3)
603. The state or county courts aforesaid, and the principal or presiding judge of any such court, shall be, and are hereby authorized to exercise all and every power in cases cognizable before them by virtue of this act, (and by act 8th March, 1806,) for the purpose of obtaining a mitigation, or remission of any fine, penalty or forfeiture, which may be exercised by the judges of the district courts of the United States in cases brought before them by
(1) Act March 8th, 1806.-April 21st, 1808.
(2) Act 3d March, 1315, sec. 1.-Act 3d March, 1797.
(3) Ibid. sec. 2. ib.
virtue of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, entitled, “ An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned," and in the exercise of the authority by this section given to the said state or county courts, or the principal or presiding judge as aforesaid, they shall be governed in every respect by the provisions of the law last mentioned, with this difference only, that instead of notifying the district attorneys of the United States, the said courts, or the presiding judges aforesaid, shall, before exercising said authorities, cause reasonable notice to be given to the substitute or deputy, who may have been appointed to sue or prosecute for the United States, as aforesaid, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty or forfeiture (1)
OF THE OFFICERS OF THE COURTS.
ART. 604. The officers of the courts of the United States, are the attor. neys and counsellors, the reporter, the clerk of the supreme court, the clerks of the circuit and district courts, the marshals, and criers.
Attorneys and Counsellors.
ART. 605. It shall be requisite to the admission of attorneys and coun. sellors to practice in the supreme court of the United States, that they shall have been such, for three years past in the supreme court of the state to which they respectively belong, and that their private and professional character shall appear to be fair. Counsellors shall not practice as attorneys, nor attorneys as counsellors, in this court.(2) Counsellors may be admitted as attorneys.(3)
606. They shall, respectively, take the following oath: I - do solemnly swear, that I will demean myself as an attorney (or counsellor) of the court, uprightly, and according to law; and that I will support the constitution of the United States.(4)
Of the Reporter.
Art. 607. The last act of congress establishing the office of the reporter of the supreme court, was that of 22d February, 1827, which was limited to three years. Since the expiration of the act, the officer has been continued by the supreme court; and congress has, annually, appropriated one thousand dollars for his compensation.
(1) Act 3d March, 1815, sec. 3. ib.
(3) Ibid. Aug. term, 1801.