TION. out regard to the amount or sum in controversy, and shall be JURISDICconcurrent 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 authorising or directing a stay or suspension of process, proceedings, judgment or execution: Provided, that final decrees and judg- but error alments in civil actions, passed or rendered in any state court the state by virtue hereof, may be re-examined in the circuit court of circuit court the United States, in the same manner and under the same limitations, as are prescribed by the twenty-second section of the act to establish the judicial courts of the United States, passed the twenty-fourth of September, seventeen hundred and eighty-nine."'16 lowed from courts to the of the U.S. such cases of penalties. In these cases in which the state courts are thus allowed to Provision in exercise a concurrent jurisdiction with the district courts, the for remission former or the presiding judges thereof are also invested with the same powers, for the mitigation or remission of the fines, penalties and forfeitures, imposed by them, as are exercised by the district judges, in similar cases; and the proceedings for that purpose are to be the same, with this difference, that the substitute of the district attorney in the state court is to have notice of the application instead of the district attorney.17 have also a concurrent The act regulating the post office department also makes state courts the jurisdiction of state tribunals concurrent with that of the district courts in suits for penalties and forfeitures under that under post act, by the following provisions: "All causes of action aris- suits for pe jurisdiction office law in nalties; JTRISDIC- and in certain places venue laws. ing under this act may be sued and all offenders against this act, may be prosecuted before the justices of the peace, magistrates, or other judicial courts of the several states, and of the several territories of the United States, they having competent jurisdiction, by the laws of such states or territories, to the trial of claims and demands of as great value and of the prosecutions, where the punishments are of as great extent; and such justices, magistrates, or judiciary shall take cognizance thereof, and proceed to judgment and execution, as in other cases."" The county courts of the state within or next adjoining cerunder the re-tain collection districts of the United States lying on the lakes are authorised to take cognizance of all complaints and prosecutions for fines, penalties and forfeitures arising under the revenue laws of the United States in those districts, with the like powers as those of the district courts, in relation to the remission of penalties.19 Otherwise, the district the jurisdic tion origi Except as is otherwise provided by these acts, and except courts retain in a few other cases where jurisdiction has been given to the circuit court as will be seen hereafter, the district courts, it is believed, preserve the exclusive common law jurisdiction originally conferred upon them. nally conferred. Jurisdiction in repealing patents, The following section of the patent law provides for the cases in which patents may be repealed, and for some of the proceedings for that purpose: "Upon oath or affirmation being made, before the judge of the district court, where the patentee, his executors, administrators or assigns reside, that any patent, which shall be issued in pursuance of this act, was obtained surreptitiously, reptitiously, or upon false suggestion, and motion made to the said court, The proceed within three years after issuing the said patent, but not afterwards, it shall and may be lawful for the judges of the said district obtained sur &c. ings for that purpose. 18 Act of March 3, 1825. s. 37. Ls. U. S. 1997. 19 Act of 8 March, 1806. Ls. U. S.988. TION. court, if the matter alleged shall appear to him to be sufficient, JURISDICto grant a rule, that the patentee, or his executor, administrator or assign show cause why process should not issue against him, to repeal such patent. And if sufficient cause shall not be shown to the contrary, the rule shall be made absolute, and thereupon the said judge shall order process to be issued against such patentee, or his executors, administrators or assigns, with costs of suit. And in case no sufficient cause shall be shown to the contrary, or if it shall appear, that the patentee was not the true inventor or discoverer, judgment shall be rendered, by such court, for the repeal of such patent; and if the party, at whose complaint the process issued, shall have judgment given against him, he shall pay all such costs as the defendant shall be put to in defending the suit, to be taxed by the court, and recovered in due course of law."20 For the proceedings and practice under this section, the reader is referred to the rules of the district court. business of Almost the whole civil business of the district courts, con- The actual sists of suits in admiralty, which must be commenced in those the court, courts, and of suits at common law in favour of the United States or their officers or for penalties and seizures under their laws, and of proceedings for the repeal of patents, few occasions occurring which call for the exercise of their jurisdiction in relation to aliens and consuls. And these courts have proved to be in practice, what they were, no doubt, designed to be, the admiralty and exchequer courts of the nation. northern dis with the The district court, of the northern district, besides its court of the powers as a district court, is invested with the original juris-trict invested diction of a circuit court, by the following provision of the powers of a act establishing the court: "The district court, in the said circuit court. 20 Act of 21 February, 1793. s. 10. Ls. U. S. 303. VOL. I. 32 PRACTICE. northern district of New York, shall, besides the ordinary jurisdiction of a district court, have jurisdiction of all causes, except of appeals and writs of error, cognizable by law 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 said southern district of New York, in the same manner as from other district courts, to their respective circuit courts."21 Original jurisdiction of of the And by the act of 1818, it is provided, that "The original circuit court jurisdiction of the circuit court, of the southern district of New Southern dis- York, shall be confined to causes arising within the said disto southern trict, and shall not be construed to extend to causes of action, arising within the northern district of New York."22 trict confined district. A subsequent act provides, "that appeals and writs of error ror lie from shall lie from decisions in the district court for the northern Appeals and writs of er court of nor sitting as a to the su thern district district of New York, when exercising the powers of a circuit circuit court, court; and from decisions which may be made by the circuit preme court. court for the southern district of said state, in causes heretofore removed to said circuit court, from the said district court sitting as a circuit court, to the supreme court of the United States, in the same manner as from circuit courts."23 Practice Practice.] The practice in common law actions in the disand process. trict courts is very nearly the same as in the circuit court. The statutes regulating the practice, and which will be referred to under the head of circuit court, affect the practice of both courts alike, where they are applicable. Each district court, however, has its common law rules, which produce some variations from the practice of the circuit court. The rules of the northern district adopt the practice of the supreme court of the state, in cases not provided for by rule; those of the southern district adopt the rules of the circuit court in such cases, if they are applicable; and if not applicable, then the rules of 21 Act of 1814. s. 3. ante. 23 Act of 22 May, 1826. Ls. U. S. 2038. the supreme court of the state. find at the end of these volumes. These rules the reader will OFFICERS, Under the heads of circuit and supreme courts of the United States, will be found several statutory provisions regulating the jurisdiction and process of the district courts in certain respects, and empowering all the courts of the United States to issue writs of different kinds; and also such judicial decisions as have been made upon the various branches of the jurisdiction and practice of the courts of the United States. Marshal.] The marshal of the district24 is the ministerial Marshal officer of the court, and possesses the same powers generally as sheriffs. He is appointed by the president and senate, for the term of four years, but is removable at pleasure.25 He his bond gives a bond for the performance of his duties, with two sureties, to be approved by the district judge, in the sum of twenty thousand dollars.26 In actions in which the marshal, or his when a pardeputy, is a party, writs and precepts are to be directed to how served, some disinterested person, to be appointed by the court or a judge. The court have, by general rule, appointed the sheriff and under sheriff of the city and county of New York to serve process in such cases.2 28 ty, process &C. marshal's The official bond of the marshal is filed and recorded in the suits on clerk's office, and a certified copy, under the seal of the court, bouds. is evidence in any court. In case of the breach of the condition of the bond, the party injured may put it in suit in his own name; the bond afterwards remains as security for future breaches, until the whole penalty shall have been recovered, and the proceedings are always to be the same as for the first breach. The time for bringing such suits is limited to six years after the right of action accrued, with a saving of the |