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(ACT of May 26th, 1790.)

their departments and shall receive such compensation for his services as shall be by law provided.

ACT of March 27th, 1804. 3 Bioren, 618.

[SEC. 1. Repeals the ninth section of the Act of February 28th, 1803. Vide Consuls infra.]

2. SEC. 11. All powers of attorney for the transfer of any stock of the United States, or for the receipt of interest thereon executed in a foreign country since the thirtieth day of June, one thousand eight hundred and three, shall be valid to all intents and purposes, any provision, in the aforesaid section hereby repealed, to the contrary notwithstanding.

NOTES.

In the supreme court of the United States it was ordered, February 5, 1790, that (until further orders) it shall be requisite to the admission of attornies or counsellors to practice in this court, that they shall have been such for three years past in the supreme courts of the state to which they respectively belong, and that their private and professional character shall appear to be fair.

That counsellors shall not practise as attornies nor attornies as counsellors in this court.

That they shall respectively take the following oath: viz. '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." [February 7, 1791. An affirmation allowed "in proper cases" instead of the oath,] August 12, 1801 That counsellors may be admitted as attornies in this court on taking the usual oath.

An appearance of a defendant by attorney cures all antecedent irregularity of process. 3. Cranch, 496. If an attorney of the United States reside within one hundred miles of the place of caption of a deposition he must be notified. Notice of taking depositions should always be given to the attorney of record if any. 2 Gallison, 314.

AUTHENTICATION OF RECORDS.

Office Books,

Legislative Acts,
Judicial proceedings,

Territories of the United States,

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ACT of May 26th, 1790. 2 Bioren, 102.

An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated so as to take effect in every other state.

1. SEC. 1. The acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: the records and judicial proceedings of the courts of any

(ACT of March 27th, 1804.)

state shall be proved or admitted, in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them, in every court within the United States, as they have, by law or usage, in the courts of the state from whence the said records are, or shall be, taken.

ACT of March 27th, 1804. 3 Bioren, 621.

"An act supplementary to the act entitled" An act to prescribe the mode, &c. [Supra, 1.]

2. SEC. I. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office, of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state by the attestation of the keeper of the said records or books and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate if given by the presiding justice of a court shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.

3. SEC. 11. All the provisions of this act, and the act to which this is a supplement shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States as to the public acts, records, office books, judicial proceedlings, courts and offices of the several

states.

(See Constitution art 4. sec. 1. cl. 1.]

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ACT of September 24th, 1789.

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Bail to be discharged in certain cases,
Persons to be appointed to take bail, &c. 6

1 Oswald, 111. 2 Bioren, 70.

An act to establish the judicial courts of the United States.

1. SEC. XXXIII. For any crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any justice of the peace, or other magistrate of any of the United States where he may be found agreeably to the usual mode of process against offenders in such state, and at the expense of the United States, be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States as by this act has cognizance of the offence. And copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case; which recognizances the magistrate before whom the examination shall be, may require on pain of imprisonment. And if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshall of the same district to execute, a warrant for the removal of the offender, and the witnesses, or either of them, as the case may be, to the district in which the trial is to be had. And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law. And if a person committed by a justice of the supreme or a judge of a district court for an offence not punishable with death, shall afterwards procure bail, and there be no judge of the United States in the district to take the same, it may be taken by any judge of the supreme, or superior court of law of such state.

ACT of May 8th, 1792. 2 Oswald, 112. 2 Bioren, 302.

2. SEC. x. It shall and may be lawful for the clerks of the district and circuit courts, in the absence or in case of the disability of the judges, to take recognizances of special bail, de bene esse, in any action depending in either of the said courts.

(ACT of March 2d, 1799.)

ACT of March 2nd, 1793. 2 Oswald, 206. 2 Bioren, 367. An act in addition to the act entitled an act to establish the judicial courts of the United States.

3. SEC. IV. Bail for appearance in any court of the United States, in any criminal cause in which bail is by law allowed, may be taken by any judge of the United States, any chancellor, judge of a supreme or superior court, or chief or first judge of a court of common pleas of any state, or mayor of a city in either of them, and by any person having authority from a circuit court, or the district courts of Maine or Kentucky to take bail; which authority, revocable at the discretion of such court, any circuit court or either of the district courts of Maine or Kentucky, may give to one or more discreet persons learned in the law in any district for which such court is holden, where, from the extent of the district, and remoteness of its parts from the usual residence of any of the before named officers, such provision shall, in the opinion of the court be necessary.-Provided, That nothing herein shall be construed to extend to taking bail in any case where the punishment for the offence may be death; nor to abridge any power heretofore given by the laws of the United States, to any description of persons to take bail.

ACT of July 16th, 1798. 4 Ross, 231. 3 Bioren, 113.

4. SEC. I. The judges of the Supreme court, and of the several district courts of the United States, and all judges and justices of the courts of the several states, having authority by the laws of the United States to take cognizance of offences against the constitution and laws thereof, shall respectively have the like power and authority to hold to security of the peace, and for good behaviour, in cases arising under the constitution and laws of the United States, as may or can be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them.

ACT of March 2d, 1799. 4 Ross, 492. 3 Bioren, 263.

An act providing for the security of bail in certain cases.

5. SEC. 1. In all cases where a defendant, who hath procured bail respond to the judgment in a suit brought against him in any of the courts of the United States, shall afterwards be arrested in any district of the United States, other than that in which the first suit was brought, and shall be committed to a gaol, the use of which shall have been ceded to the United States for the custody of prisoners, it shall be lawful for and the duty of any judge of the court, in which the suit is depending, wherein such defendant had so procured bail as aforesaid, at the request and for the indemnification of the bail, to order and direct that such defendant be held in the gaol to which he shall have been committed a prisoner, in the cus

(ACT of February 20th, 1812.,

tody of the marshal, within whose district such gaol is, and upon the said order duly authenticated, being delivered to the said marshal, it shall be his duty to receive such prisoner into his custody, and him safely to keep, and the marshal shall thereupon be chargeable, as in other cases, for an escape. And the said marshal thereupon shall make a certificate, under his hand and seal, of such commitment, and transmit the same to the court from which such order issued; and shall also, if required, make a duplicate thereof, and deliver the same to such bail, his or their agent or attorney, and upon the said certificate being returned to the court which made the said order, it shall be lawful for the said court or any judge thereof, to direct that an exoneretur be entered upon the bail piece where special bail shall have been found, or otherwise to discharge such bail, and such bail shall thereupon accordingly be discharged.

ACT of February 20th, 1812. 4 Bioren, 378.

An act for the more convenient taking of affidavits and bail, &c.

6. SEC. 1. It shall be lawful for the circuit court of the United States, to be holden in any district in which the present provision by law for taking bail and affidavits in civil causes, (in cases where such affidavits are by law admissible) is inadequate, or on account of the extent of such district inconvenient, to appoint such and so many discreet persons in different parts of the district as such court shall deem necessary, to take acknowledgments of bail and affidavits; which acknowledgments of bail and affidavits shall have the like force and effect as if taken before any judge of said court; and any person swearing falsely in and by any such affidavit, shall be liable to the same punishment as if the same affidavit had been made or taken before a judge of said court.

SEC. II. The like fees shall be allowed for taking such bail and affidavit as are allowed for the like services, by the laws of the state, in which any such affidavit or bail shall be taken.

NOTES.

Where the principal is confined in gaol under the mesne civil process of a state court, the circuit court has no authority to issue a habeas corpus for the purpose of bringing him in to be surrendered in discharge of his bail. 1 Gallison, 2.

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