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Bail in criminal cases,

1,3 Clerks of court take bail, &c. Security of the peace and of good beba


Bail to be discharged in certain cases, 5
Persons to be appointed to take bail, &c. 6

ACT of September 24th, 1789. 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, Le 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. 1. 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 arisiog 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 thereuf, 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. 11. 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.'


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 bim in to be surrendered in discharge of his bail. '1 Gallison, 2.



1 Fundamental articles,

11 Duties of Commissioners, 2 | Penalties,

12, 13 Regulations concerning subscriptions, 3, 4 Notes receivable for dues,

14 Bank may sell the funded debt or Uni- Public monies to be deposited,

16 ted States may redeem,


Specie payments not to be suspended, 17 Secretary of the Treasury to subscribe Penalties for forgery, &c.

18 19 for United States, 6 Bonus,

20 Subscribers incorporated,

No other Bank to be established, 21 Directors how choseo or appointed, 8, Committees of Congress to inspect books, 23

9, 24, 25, 26 Penalties on false swearing and bribe Directors to appoint officers,


27 28


ACT of April 10th, 1816. Pamphlet edit. 28. Ao act to incorporate the subscribers to the bank of the United States. 1. Sec. 1. A bank of the United States of America shall be es. tablished with a capital of thirty-five millions of dollars divided into three hundred and fifty thousand shares, of one hundred dollars each share. Seventy thousand shares, amounting to the sum of seven millions of dollars, part of the capital of the said bank shall be subscribed and paid for by the United States, in the manner hereinafter specified; and two hundred and eighty thousand shares, amounting to the sum of twenty-eighty millions of dollars, shall be subscribed and paid for by individuals, companies, or corporations, in the manner hereinafter specified.

2. Sec. 11. Subscriptions for the sum of twenty-eight millions of dollars towards constituting the capital of the said bank shall be opened on the first monday of July next at the following places; that is to say, at Portland, in the district of Maine; at Portsmouth in the state of New Hampshire; at Boston in the state of Massachusetts; at Providence in the state of Rhode Island; at Middletown in the state of Connecticut; at Burlington in the state of Vermont; at New York in the state of New York; at New Brunswick in the state of New Jersey; at Philadelphia in the state of Pennsylvania; at Wilmington in the state of Delaware; at Baltimore in the state of Maryland; at Richmond in the state of Virginia; at Lexington, in the state of Kentucky; at Cincinnati, in the state of Ohio; at Raleigh, in the state of North Carolina; at Nashville, in the state of Tennessee; at Charleston, in the state of South Carolina; at Augusta, in the state of Georgia; at New-Orleans, in the state of Louisiana; and at Washington, in the district of Columbia. And the said subscriptions shall be opened under the superintendence of five commissioners at Philadelphia, and of three commissioners at each of the other places aforesaid, to be appointed by the president of the United States, who is hereby authorised to make such appointments, and shall continue open every day,


(ACT of April 10th, 1816.) from the time of opening the same, between the hours of ten o'clock in the forenoon and four o'clock in the afternoon, for the term of twenty days, exclusive of Sundays, when the same shall be closed, and immediately thereafter the commissioners, or any two of them, at the respective places aforesaid, shall cause two transcripts or copies of such subscriptions to be made, one of which they shall send to the secretary of the treasury, one they shall retain, and the original they shall transmit, within seven days from the closing of the subscriptions as aforesaid, to the commissioners at Philadelphia aforesaid. And on the receipt of the said original subscriptions, or of either of the said copies thereof, if the original be lost, mislaid, or detained, the commissioners at Philadelphia aforesaid, or a majority of them, shall immediately thereafter convene, and proceed to take an account of the said subscriptions. And if more than the amount of twenty-eight millions of dollars shall have been subscribed, then the said last mentioned commissioners shall deduct the amount of srch excess from the largest subscriptions, in such manner as that no subscription shall be reduced in amount, while any one remains larger: Provided, That if the subscriptions taken at either of the places aforesaid shall not exceed three thousand shares, there shall be no reduction of such subscriptions, nor shall, in any case, the subscriptions taken at either of the places aforesaid be reduced below that amount. And in case the aggregate amount of the said subscriptions shall exceed twenty-eight millions of dollars, the said last mentioned commissioners, after having apportioned the same as aforesaid, shall cause lists of the said apportioned subscriptions, to be made out, including in each list the apportioned subscription for the place where the original subscription was made, one of which lists they shall transmit to the commissioners or one of them, under whose superintendence such subscriptions were originally made, that the subscribers may thereby ascertain the number of shares to them respectively apportioned as aforesaid. And in case the aggregate amount of the said subscriptions made during the period aforesaid, at all the places aforesaid, shall not amount to twenty-eight millions of dollars, the subscriptions to complete the said sum shall be and remain open at Philadelphia aforesaid, under the superintendence of the commissioners appointed for that place; and the subscriptions may be then made by any individual, company, or corporation, for any number of shares, not exceeding, in the whole, the amount required to complete the said sum of twenty-eight millions of dollars.

3. SEC. II. It shall be lawful for any individual, company, corporation, or state, when the subscriptions shall be opened as herein before directed, to subscribe for any number of shares of the capital of the said bank, not exceeding three thousand shares, and the sums so subscribed shall be payable, and paid, in the manner following; that is to say, seven millions of dollars thereof in

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