apportioned to such state under the then last enumeration: Provided, That the loss in 23 May 1850. the number of members caused by the fractions remaining in the several states, on the Fractions. division of the population thereof, shall be compensated for by assigning to so many states having the largest fractions, one additional member each for its fraction as may be necessary to make the whole number of representatives two hundred and thirty-three. And provided also, That if, after the apportionment of the representatives under the New states. next, or any subsequent census, a new state or states shall be admitted into the Union, the representative or representatives assigned to such new state or states shall be in addition to the number of representatives herein above limited ;(a) which excess of representatives over two hundred and thirty-three shall only continue until the next succeeding apportionment of representatives under the next succeeding census. be transmitted. 27. When the department of the interior shall have apportioned the representatives in Ibid. 26. the manner above directed, among the several states under the next or any subsequent Certificates of enumeration of the inhabitants of the United States, he shall, as soon as practicable, apportionment to make out and transmit, under the seal of his office, to the house of representatives, a certificate of the number of members apportioned to each state under the then last enumeration; and shall likewise make out and transmit, without delay, to the executive of each state, a certificate, under his seal of office, of the number of members apportioned to such state, under such last enumeration. V. STATISTICS. Ibid. ? 27. 28. The secretary of the interior, in his instructions to the marshals, shall direct that the statistics in regard to all other descriptions of hemp not embraced in the denomina- Schedules of sta tion of dew and water-rotted, shall be taken and estimated in the returns. tistics to be returned. 23 May 1850. SCHEDULE 6-PERSONS WHO DIED during the year ending 1st June 1850, in the enumerated by me. I. ORGANIZATION OF THE CIRCUIT COURTS. 1-9. States divided into nine circuits. 10. Justices of supreme court to allot themselves among the circuits. When president to allot. Powers of the circuit courts. On appeals, opinion of justice of supreme court to prevail. 11. Constitution of the circuit courts. 12. One supreme court judge sufficient to constitute the court. May hold the court alone. 13. Either judge may hold the court. If court day fall on Sunday, to be held the next day. 14. Circuit court powers of certain district courts abolished. One judge to be a quorum. Powers and jurisdiction. Appeals from western district of Louisiana. 15. To be governed by the same rules as other circuit courts. 16. Supreme court judge required to attend at one term only. What causes to have precedence at such term. II. JURISDICTION OF THE CIRCUIT Courts. 17. Original civil jurisdiction. Criminal jurisdiction. No person to be liable to suit in another district. Jurisdiction in case of assignment of chose in action. Appellant jurisdiction. 18. Jurisdiction under the revenue laws. V. MISCELLANEOUS PROVISIONS. 26. Adjournments. III. REMOVAL OF CAUSES FROM THE STATE COURTS. 19. Removal from state to circuit courts. Security to be entered. Attachment not to be dissolved by removal. Suits on titles derived from another state may be removed. Issues to be tried by a jury, except, &c. 20. Actions against revenue officers may be removed. Petition I. ORGANIZATION of the CIRCUIT COURTS. 30 March 1820 31. 1. The districts of Rhode Island, Massachusetts, New Hampshire and Maine, shall 3 Stat. 554. constitute the first circuit. (a) 8 March 1837 1. 2. The districts of Vermont, Connecticut and New York, shall constitute the second circuit.(b) 5 Stat. 176. 3. The district of New Jersey, the eastern and western districts of Pennsylvania, shall constitute the third circuit.(c) (a) The courts in the first circuit are held:-In Maine, at Portland, on the 23d April, and 23d September, in each year. Acts 30 March 1820, 3 Stat. 554; 3 March 1823, 3 Stat. 773; 15 February 1843, 5 Stat. 600; and 11 August 1848, 9 Stat. 282. In Massachusetts, at Boston, on the 15th May, and 15th October. Act 26 March 1812, 2 Stat. 696. In New Hampshire, at Portsmouth, on the 8th May, and at Exeter, on the 8th October. Act 3 March 1823, 3 Stat. 773. And in Rhode Island, at Newport, on the 15th June, and at Providence, on the 15th November. Act 26 March 1812, 2 Stat. 696. (b) The courts in the second circuit are held:-In Vermont, at Windsor, on the 21st May, and at Rutland, on the 3d October. Acts 3 March 1797, 1 Stat. 517; 29 April 1802, 2 Stat. 157; and 22 March 1816, 3 Stat. 258. In Connecticut, at New Haven, on the 4th Tuesday of April, and at Hartford, on the 3d Tuesday of September. Acts 13 April 1792, 1 Stat. 252; 24 February 1843, 5 Stat. 601. And in New York, in the southern district, at the city of New York, on the 1st Monday of April, and 3d Monday of October; and in the northern district, at Canandaigua, on the Tuesday next after the 3d Monday of June, and at Albany, on the 3d Tuesday of May, and 3d Tuesday of October. Acts 9 April 1814, 3 Stat. 120; 10 February 1832, 4 Stat. 497; 3 March 1837, 5 Stat. 176; 7 July 1838, 5 Stat. 295; and 8 August 1846, 9 Stat. 72 There is also held, in the city of New York, an additional session of the circuit court for the trial of criminal and equity causes, commencing annually on the last Monday of February. Acts 29 May 1830, 4 Stat. 422; 8 August 1846, 9 Stat. 72. (c) The courts in the third circuit are held:-In New Jersey, at Trenton, on the fourth Tuesdays of March and September. Acts 3 March 1797, 1 Stat. 517; and 12 August 1848, 9 Stat. 303. And in Pennsylvania, in the eastern district. at Philadelphia, on the first Mondays of April and October; and in the western district, at Pittsburgh, on the second Mondays of May and November; and at Williamsport, on the third Mondays of June and September. Acts 20 April 1818, 3 Stat. 462; 3 March 1843, 5 Stat. 628; and 3 March 1851, 9 Stat. 631. Disease or cause of death. Assistant. 4. The fourth circuit shall be composed of the districts of Maryland, Delaware and 16 Aug. 1842 1. Virginia. (a) 5. The fifth circuit shall be composed of the districts of Alabama and Louisiana.(b) 6. The sixth circuit shall be composed of the districts of North Carolina, South Carolina and Georgia.(c) 5 Stat. 507. 7. The districts of Ohio, Indiana, Illinois and Michigan, shall constitute the seventh 3 March 1837 & 1 circuit.(d) 8. The districts of Kentucky, east and west Tennessee, and Missouri, shall form and be called the eighth circuit.(e) 9. The district of Mississippi, and the district of Arkansas, shall form and be called the ninth circuit.(g) 5 Stat. 176. 2 Stat. 158. And Justices of susuch allot themselver preme court to among any cuits. the cir 10. On every appointment which shall be hereafter made of a chief justice, or associate 29 April 1802 § ↓ justice, the said chief justice and associate justices shall allot themselves among the aforesaid circuits as they shall think fit, and shall enter such allotment on record. in case no such allotment shall be made by them at their session next succeeding appointment, and also, after the appointment of any judge, as aforesaid, and before allotment shall have been made, it shall and may be lawful for the president of the United States to make such allotment as he shall deem proper, which allotment made in either When presiden case, shall be binding until another allotment shall be made; and the circuit courts constituted by this act, shall have all the power, authority and jurisdiction (h) within the Power of the w several districts of their respective circuits that before the 13th day of February 1801, belonged to the circuit courts of the United States, and in all cases which, by appeal or On appeals, en writ of error, are or shall be removed from a district to a circuit court, judgment shall be nion of just rendered in conformity to the opinion of the judge of the supreme court presiding in such prevail. circuit court. to allot. cuit courts. supreme cost 11. There shall be held annually in each district of said circuits, two courts, which shall 24 Sept. 1′′ 3 4. be called circuit courts, and shall consist of any two justices of the supreme court, and 1 Stat. 1. the district judge of such districts, any two of whom shall constitute a quorum: Provided, Constitution of That no district judge shall give a vote in any case of appeal or error from his own decision; but may assign the reasons of such his decision. (i) the circourts. 1 St. 333. court Judge suffi 12. The attendance of only one of the justices of the supreme court, at the several 2 March 1793 2 1. circuit courts of the United States to be hereafter held, shall be sufficient, any law requiring the attendance of two of the said justices notwithstanding: Provided, That it One su preme shall be lawful for the supreme court, in cases where special circumstances shall, in cient to constitheir judgment, render the same necessary, to assign two of the said justices to attend tute he court. the circuit court or courts; and it shall be the duty of the justices so assigned to attend accordingly. And provided also, That when only one judge of the supreme court shall May hold the attend any circuit court, and the district judge shall be absent, or shall have been of cou, alone. counsel, or be concerned in interest in any cause then pending, such circuit court may consist of the said judge of the supreme court alone.(k) Stat. 158. 13. Provided, That when only one of the judges hereby directed to hold the circuit 29 ▲pril 1802 2 4. courts, shall attend, such circuit court may be held by the judge so attending; and that when any of the said days shall happen on a Sunday, then the said court hereby directed Either judge may to be holden on such day, shall be holden on the next day thereafter.(?) (a) The courts in the fourth circuit are held:-In Delaware, at Wilmington, on the third Tuesdays of June and October. Acts 10 May 1852, 10 Stat. 5; and 14 June 1856, 11 Stat. 22. In Maryland, at Baltimore, on the first Mondays of April and November. Acts 3 March 1837, 5 Stat. 177; and 7 July 1838, 5 Stat. 308. And in Virginia, at Richmond, on the first Monday in May and fourth Monday in November; and at Lewisburg. on the first Monday of August. Acts 16 August 1842, 5 Stat. 507; and 26 June 1856, 11 Stat. 23. (b) The courts in the fifth circuit are held:-In Alabama, at Mobile, on the second Monday in April and fourth Monday in December. Acts 3 March 1837, 5 Stat. 177; 22 February 1838, 5 Stat: 210; 12 April 1844, 5 Stat. 655; and 1 March 1845. 5 Stat. 731. And in Louisiana, at New Orleans, on the fourth Monday in April and third Monday in November. Acts 3 March 1837, 5 Stat. 177; 1 March 1845, 5 Stat. 731; and 20 July 1854, 10 Stat. 307. (c) The courts in the sixth circuit are held:-In North Carolina, at Raleigh, on the first Monday in June and last Monday in December. Acts 15 July 1846, 9 Stat. 38; and 15 February 1847, 9 Stat. 126. In South Carolina, at Charleston, on the Wednesday preceding the 4th Monday in March, and at Columbia, on the 4th Monday in November. Acts 25 May 1824, 4 Stat. 34; 3 March 1825. 4 Stat. 124; 4 May 1826, 4 Stat. 160; 24 February 1829, 4 Stat. 335; and 1 March 1845, 5 Stat. 731. And in Georgia, at Savannah, on the second Monday in April, and, at Milledgeville, on the Thursday after the first Monday in November. Acts 21 January 1829, 4 Stat. 331; and 1 March 1845, 5 Stat. 731. (d) The courts in the seventh circuit are held:-In Ohio, for the Southern district, at Cincinnati, on the third Tuesdays of April and October, and for the northern district, at Cleveland, on the second Tuesdays of July and November. Act 10 February 1855, 10 Stat. 604. In Indiana, at the seat of government, (Indianapolis), on the third Mondays of May and November. Act 10 March 1838, 5 Stat. 215. Ja Illinois, for the northern district, at hola the court. Chicago, on the first Monday in July and third Monday in De cember, and for the southern district, at Springfield, on the first Mondays in January and June. Act 23 April 1856, 11 Stat. 4. And in Michigan, at Detroit, on the third Monday in June and second Monday in October. Act 14 March 1848, 9 Stat. 214. (e) he courts in the eighth circuit are held:-In Kentucky, at Frankfort, on the third Mondays in May and October. Acts 24 February 1807, 2 Stat. 420; and 11 August 1848, 9 Stat. 282. In Tennessee, at Jackson, on the first Mondays in April and October; at Nashville, on the third Mondays in April and October; and at Knoxville, on the third Mondays in May and October. Act 3 July 1856, 11 Stat. 23. And in Missouri, at St. Louis, on the first Mondays in April and October. Acts 3 March 1837, 5 Stat. 177 21 February 1855, 10 Stat. 611; and 3 March 1857, 11 Stat. 198. (g) The courts in the ninth circuit are held:-In Mississippi, at Jackson, on the first Mondays in May and November. Act 3 March 1837, 5 Stat. 177. And in Arkansas, at Little Rock, on the second Monday of April. Acts 3 March 1837, 5 Stat. 177; and 4 March 1844, 5 Stat. 652. By act 2 March 1855, 10 Stat. 631, the state of California was erected into a separate circuit, a circuit judge was appointed, and by act 30 April 1856, the court is directed to be held at San Francisco, on the first Mondays in January and July, and at Log Angelos, on the first Mondays of March and September. Stat. 6. 11 (h) See United States v. Williams, 4 Cr. C. C. 382. (i) This clause is almost entirely supplied and altered by subse quent enactments; it is inserted, however, as the original consti tution of the circuit courts. (k) Now, either of the judges to form a quorum; infra, 14. And see Pollard v. Dwight, 4 Cr. 421. It is not necessary that the judges of the supreme court should be distinctly commissioned to sit as circuit court judges. Stuart v. Laird, 1 Cr. 299. (1) All the acts fixing special days for the holding of the courts contain a similar provision. |