passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such state court, and may at their discretion award execution, or remand the same to the court from which it was removed by the writ. Cases on writ of error to revise the judgment of a state court in any criminal case have precedence on the docket of the Supreme Court of all cases to which the Government of the United States is not a party, excepting only such cases as the court in its discretion may decide to be of public importance.

The orders of circuit courts, dismissing or remanding suits removed from state courts, are reviewable by the Supreme Court on writ of error or appeal, as the case may be.

The appellate jurisdiction of the Supreme Court over the judgments and decrees of territorial courts in cases of trial by jury is exercised by writ of error, and in all other cases by appeal, according to such rules and regulations as to form and modes of proceeding as the Supreme Court prescribes, provided that an appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, is made and certified by the court below, and transmitted to the Supreme Court, together with the transcript of the proceedings and judgment or de

or equitable, are confirmed, and all proceedings taken in said courts in conformity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding, are validated and confirmed.

PROVISIONS COMMON TO MORE THAN ONE COURT OR JUDGE.

The jurisdiction vested in the courts of the United States in the following cases and proceedings mentioned, is exclusive of the courts of the several states: 1. Of all crimes and offences cognisable under the authority of the United States; 2. Of all suits for penalties and forfeitures incurred under the laws of the United States; 3. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it; 4. Of all seizures under the laws of the United States on land, or on waters not within admiralty and maritime jurisdiction; 5. Of all cases arising under the patent - right or copyright laws of the United States; 6. Of all matters and proceedings in bankruptcy (there is presently no bankruptcy law); 7. Of all controversies of a civil nature where a state is a party, except between a state and its citizens, or between a state and citizens of other states or aliens.

The justices of the Supreme Court, the circuit judges, and the district judges take the following oath before they proceed to perform the duties of their respective offices: "I,

do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities and under

standing, agreeably to the Constitution and laws of the United States; so help me God." It is not lawful for a United States judge to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law-it is a high misdemeanour to do so. When

a United States judge of any court resigns, after ten years' service as judge and having attained the age of seventy years, he receives during the residue of his natural life the same salary which was by law payable to him at the time of his resignation. United States judges are, according to the Constitution, appointed during good behaviour.

The Supreme, circuit, and district courts have each power to issue writs of scire facias, and to issue all writs not specially provided for by statute which may be necessary for the exercise of their respective jurisdictions and agreeable to the usages and principles of law. Writs of ne exeat may be granted by any justice of the Supreme Court in cases where they may be granted by the Supreme Court; and by any circuit justice or judge, in cases where they may be granted by the circuit court of which he is a judge. But no writ of ne exeat is granted unless a suit in equity is commenced and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States. Whenever notice is given of a motion for an injunction out of a circuit or district court, the court or judge thereof may, if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted, with or without security, in the discretion of the court or judge. Writs of injunction may be granted by any justice of the Su

preme Court in cases where they might be granted by the Supreme Court; and by any judge of a circuit court in cases where they might be granted by such court. But no justice of the Supreme Court hears or allows any application for an injunction or restraining order in any cause pending in the circuit to which he is allotted elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it cannot be heard by the circuit judge of the circuit or the district judge of the district. And an injunction is not issued by a district judge as one of the judges of a circuit court in any case where a party has had a reasonable time to apply to the circuit court for the writ; nor does any injunction so issued by a district judge continue longer than to the circuit court next ensuing, unless so ordered by the circuit court. The writ of injunction is not granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorised by any law relating to proceedings in bankruptcy.

The laws of the several states, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, are regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.

The jurisdiction in civil and criminal matters conferred on the district and circuit courts for the protection of all persons in the United States in their civil rights and for their vindication, is exercised and enforced in conformity with the laws of the United States so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish

suitable remedies and punish offences against law, the common law as modified and changed by the constitution and statutes of the state wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, is extended to and governs the said Courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.

Suits in equity are not sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law. In the trial of actions at law, the United States courts may, on motion and due notice thereof, require the parties to produce books or writings in their possession or power which contain evidence pertinent to the issue, and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in Chancery. If a plaintiff fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of nonsuit, and, if a defendant fails to comply, judgment against him by default. The courts have power to impose and administer all necessary oaths, and to punish by fine or imprisonment, at the discretion of the court, contempts of their authority, provided power to punish contempts is not construed to extend to any cases except the misbehaviour of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehaviour of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree, or command of the said courts.

All these courts have power to grant new trials in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law. The judges of the Supreme, circuit, and district courts, the commissioners of the circuit courts, and the judges and other magistrates of the several states authorised by law to make arrests for offences against the United States, have the like authority to hold the security of the peace, and for good behaviour in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective states in cases cognisable before them.

The district and circuit courts and the commissioners of the circuit courts have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice-consul, or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, viceconsul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge-application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice consul, or commercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied

with, or the parties are otherwise discharged therefrom by the consent in writing of such consul, vice-consul, or commercial agent, or his successor in office, or by the authority of the foreign Government appointing such consul, vice-consul, or commercial agent; provided that the expenses of the imprisonment and maintenance of the prisoners and the cost of the proceedings be borne by such foreign Government, or by its consul, vice-consul, or commercial agent requiring such imprisonment. The

marshals of the United States serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners.

or

The trial of offences punishable with death are had in the county where the offence was committed, where that can be done without great inconvenience. Offences committed upon the high seas or elsewhere out of the jurisdiction of any particular state district, are tried in the district where the offender is found or into which he is first brought. When any offence against the United States is begun in one judicial circuit and completed in another, it is deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. All pecuniary penalties and forfeitures may be sued for and recovered either in the district where they accrue or in the district where the offender is found. Taxes accruing under any law providing internal revenue may be sued for and recovered either in the district where the liability for such tax occurs, or in the district where the delinquent resides. Proceedings on seizures for forfeiture, under any

law of the United States, made on the high seas, may be prosecuted in any district into which the property so seized is brought, and proceedings instituted. Proceedings on such seizures made within any district are prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. Proceedings for the condemnation of any property captured, whether on the high seas or elsewhere out of the limits of any judicial district or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any insurrection against the government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted. All proceedings by any national banking association to enjoin the Comptroller of the Currency, under the provisions of any law relating to national banking associations, are had in the district where such association is located.

When there are several defendants in any suit at law or in equity, and one or more of them are neither inhabitants of nor found within the district in which the suit is brought, and do not voluntarily appear, the court may entertain jurisdiction, and proceed to the trial and adjudication of the suit between the parties who are properly before it; but the judgment or decree rendered therein does not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer; and non-joinder of parties who are not inhabitants of nor found within the district as aforesaid, does not constitute mat

ter of abatement or objection to the suit.

No person is arrested in one district for trial in another in any civil action before a circuit or district court, and no civil suit is brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he is found at the time of serving such process or commencing such proceeding, except as provided in the Act of 3d March 1875, which has been already embodied when treating of the jurisdiction of circuit courts. When a state contains more than one district, every suit not of a local nature in the circuit or district courts thereof against a single defendant, inhabitant of such state, must be brought in the district where he resides; but if there are two or more defendants residing in different districts of the state, it may be brought in either district, and a duplicate writ may be issued against the defendants, directed to the marshals of any other district in which any defendant resides. The clerk issuing the duplicate writ indorses thereon that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, when executed and returned into the office from which they issue, constitute and are proceeded on as one suit, and upon any judgment or decree rendered therein execution may be issued, directed to the marshal of any district in the same state. In suits of a local nature, where the defendant resides in a different district in the same state from that in which the suit is brought, the plaintiff may have original and final process against him, directed to the marshal in the district in which he resides. Any suit of a local nature at law or in equity, where the land or

other subject-matter of a fixed character lies partly in one district and partly in another within the same state, may be brought in the circuit or district court of either district; and the court in which it is brought has jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed as fully as if the said subject - matter were wholly within the district for which such court is constituted. When the trial or hearing of any cause, civil or criminal, in a circuit or district court has been commenced and is in progress before a jury or the court, it is not stayed or discontinued by the arrival of the time fixed by law for another session of said court; and the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the court had not intervened. In all the courts of the United States, the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively are permitted to manage and conduct causes therein. No clerk, assistant, or deputy clerk of any territorial, district, or circuit court, or of the Court of Claims, or the Supreme Court of the United States, or marshal or deputy marshal of the United States within the district for which he is appointed, shall act as a solicitor, proctor, attorney, or counsel in any cause depending in either of said courts, or in any district for which he is acting as such officer. Whoever violates this provision is struck from the roll of attorneys by the court upon complaint, upon which the respondent has due notice and is heard in his defence; and in the case of a marshal, or deputy marshal so acting, he is recommended by the court for dismissal from office.