(ACT of March 3d, 1797.)

And to the end that the act, entitled "An act to establish the judicial courts of the United States," may be duly administered within the state of Tennessee,

SEC. II. The said state shall be one district, to be denominated Tennessee district, and there shall be a district court therein, to consist of one juge, who shall reside in the said district, and be called a district judge, and annually hold four sessions; [Infra, 90.] The said district courts shall be held alternately at Knoxville and Nashville, beginning at Nashville.

[SEC. III. Prescribes the salary of the judge, see infra, 70.]

[ACT of February 27, 1795. 2 Bioren, 479, Relates only to the salaries of the district judges of Rhode Island and Delaware, see SALARIES, 6.]

ACT of March 3, 1797. 2 Bioren, 598.

An act concerning the circuit courts of the United States.

55. SEC. 1. From and after the expiration of the present session of congress, the times and places of holding the several circuit courts of the United States, in the present and each succeeding year, shall be as follows, to wit:

In the state of New York, at the city of New York, on the first days of April and September.

In Connecticut, at New Haven, on the thirteenth day of April, and at Hartford, on the seventeenth day of September.

In Vermont, at Windsor, on the first day of May, and at Rutland, on the third day of October.

In New Hampshire, at Portsmouth, on the nineteenth day of May, and at Exeter, on the second day of November.

In Massachusetts, at Boston, on the first day of June, and twentieth day of October.

In Rhode Island, at Newport, on the fifteenth day of June, and at Providence, on the fifteenth day of November.

In New Jersey, at Trenton, on the first days of April and October.

In Pennsylvania, at Philadelphia, on the eleventh days of April and October.

In Delaware, at New Castle, on the twenty-seventh day of June, and at Dover, on the twenty-seventh day of October.

In Maryland, at Annapolis, on the seventh day of May, and at Baltimore, on the seventh day of November.

In Virginia, at Richmond, on the twenty-second days of May and November.

In Georgia, at Savannah, on the twentieth day of April, and at Augusta, on the eight day of November.

In South Carolina, at Charleston, on the sixth day of May, and the twenty-fifth day of October,

(ACT of February 28th, 1799.)

In North Carolina, at Raleigh, on the first day of June, and on the thirtieth day of November: Provided, That if any of these days shall happen on a Sunday, the court shall be held on the day following. [Altered as to those parts of the sec. in italics, infra, 65, 103, 93, 88, 115.]

ACT of July 16, 1798. 3 Bioren, 113.

56, SEC. 1. [See Bail, 4. ante, page 79.]

ACT of February 28, 1799. 3 Bioren, 133.

An act for providing compensation for the marshals, clerks, attorneys, jurors. and witnesses, in the courts of the United States, &c.

57. SEC. I. From and after the passing of this act, the compensation to the several officers hereinafter mentioned, shall be as follows, to wit: to the marshals of the several districts of the United States, for the service of any writ, warrant, attachment, or process, issuing out of any courts of the United States, two dollars; and, in case there be more than one person named in the said writ, warrant, attachment, or process, then two dollars for each person so named; for his travel out in serving each writ, warrant, attachment or process aforesaid, five cents per mile, to be computed from the place of service to the court where the writ or process shall be returned; and, if more persons than one are named therein, the travel shall be computed from the court to the place of service which shall be the most remote, adding thereto the extra travel which shall be necessary to serve it on the other; for each bail bond, fifty cents; for actually summoning witnesses or appraisers, each, fifty cents; for every commitment or discharge of a prisoner, fifty cents; for every proclamation in the admiralty, thirty cents; for sales of vessels, or other property, and for receiving and paying the money, for any sum under five hundred dollars, two and one-half per cent.; for any larger sum, one and onequarter per cent. upon the excess; for summoning each grand and other jury, four dollars: Provided, That in no case shall the fees for summoning jurors, to any one court, exceed fifty dollars; and in those states where jurors, by the laws of the state, are drawn by constables, or other officers of corporate towns or places, by lot, the marshal shall receive, for the use of the officers employed in summoning the jurors and returning the venire, the sum of two dollars, and for his own trouble in distributing the venire, the sum of two dollars; for attending the supreme or circuit court, five dollars per day; and for attending the district court where such court has the powers and cognizance of a circuit court, five dollars per day; and for attending the district courts in other cases, four dollars per day; and at the rate of ten cents per mile for his travel from the place of his abode to either of the said courts: for all other services, not herein enumerated, except as shall be here

(ACT of February 28th, 1799.)

after provided, such fees and compensations as are allowed in the supreme court of the state where such services are rendered: and the annual sum of two hundred dollars, as a full compensation for all extra services, shall be allowed to each marshal for the districts of Tennessee, Kentucky, New Hampshire, Vermont, and Maine. [Infra, 59.]

58. SEC. II. When a deputy marshal, who shall be duly appointed by the marshal of any district, shall reside and be more than twenty miles from the place where the district judge of such district shall reside and be, the oath of office required of such deputy, before he enters on the discharge thereof, may be administered and taken by and before any judge or justice of any state court within the same district, or before any justice of the peace, having authority therein, and, being certified by him to the said district judge, shall be as effectual as if administered or taken before such district judge.

59. SEC. III. The compensation to the clerk of the supreme court of the United States, shall be as follows, to wit: for his attendance in court, ten dollars per day; and for his other services, double the fees of the clerk of the supreme court of the state in which the supreme court of the United States shall be holden. To the clerks of circuit and district courts in each state, respectively, the same fees as are allowed in the supreme court of the said state, with an addition thereto of one-third of said fees, and five dollars per day for his attendance at any circuit or district court, and at the rate of ten cents per mile for his travel from the place of his abode to either of said courts; and in case a clerk of a court of the United States perform any duty which is not performed by the clerks of the state, and for which the laws of the state make no provision, the court in which such service shall be performed shall make a reasonable compensation therefor. And in all cases of admiralty jurisdiction, the clerk of the district court shall be allowed the same fees as are prescribed by the second section of an act, passed the first day of March, one thousand seven hundred and ninetythree, entitled "An act to ascertain the fees in admiralty proceedings in the district courts of the United States, and for other purposes." [Infra, 62.]

SEC. IV. The compensation to the attorneys of the respective districts of the United States shall be as follows, to wit: for each day which any such attorney shall necessarily attend on business of the United States, during the session of any district or circuit court, five dollars; for travelling from the place of his abode to such court, ten cents per mile; and such fees in each state, respectively, as are allowed in the supreme court thereof; and in the district courts, his stated fees in the cases herein mentioned shall be as follows, to wit; for drawing interrogatories, five dollars; for drawing and exhibiting libel, claim, or answer, six dollars; and for all other services in one any cause, six dollars. And the annual sum of two hundred dollars, as a full compensation for all extra ser

(ACT of March 2d, 1799.)

vices, shall be allowed and paid by the United States, to each district attorney for the districts of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New Jersey, Delaware, Virginia, North Carolina, Georgia, Kentucky, and Tennessee.

SEC. v. For all services in criminal cases, performed by the attorney for the district of Virginia, and for which no fees are allowed by law for similar services in the courts of that state, he shall be allowed such sum or sums as the court in which the same is rendered shall consider a reasonable compensation therefor.

SEC. VI. The compensation to jurors and witnesses, in the courts of the United States, shall be as follows, to wit: to each grand and other juror, for each day he shall attend in court, one dollar and twenty-five cents; and for travelling, at the rate of five cents per mile, from their respective places of abode to the place where the court is holden, and the like allowance for returning; to the witnesses summoned in any court of the United States, the same allowance as is above provided for jurors.

60. SEC. VII. The respective courts of the United States shall appoint cryers for their courts, to be allowed the sum of two dollars per day, and that the marshals be, and they are hereby, authorized to appoint such a number of persons, not exceeding three, as the judges of their respective courts shall determine, to attend upon the grand and other jurors, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by, and included in the accounts of, the marshal, out of any money of the United States in his hands.

61. SEC. VIII. If any informer on a penal statute, and to whom the penalty, or any part thereof, if recovered, is directed to accrue, shall discontinue his suit or prosecution, or shall be nonsuited in the same, or if, upon trial, judgment shall be rendered in favor of the defendant, unless the informer be an officer of the United States, he shall be alone liable to the clerks, marshals, and attorneys, for the fees of such prosecution; but if such informer be an officer whose duty it is to commence such prosecution; and the court shall certify there was reasonable ground for the same, then the United States shall be responsible for such fees.

ACT of March 2, 1799. 3 Bioren, 263.

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

62. SEC. 1. In all cases where a defendant, who hath procured bail to respond 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 goal, 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 defend

(ACT of March 3d, 1801.)

ant 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 goal to which he shall have been committed a prisoner, in the custody of the marshal, within whose district such goal 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.

SEC. 11. The marshal, or his deputy, serving such order as aforesaid, shall, therefor, receive the same fees and allowances as for the service of an original process commitment thereon to the goal and the return thereof.

SEC. II. In every case of commitment as aforesaid, by virtue of such order as aforesaid, the person so committed shall, unless sooner discharged by law, be holden in goal, until final judgment shall be rendered in the suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment shall be rendered against him, that he may be charged in execution, which may be directed to, and served by, the marshal in whose custody he is: Provided always, That nothing in this act contained shall affect any case wherein bail has been already given.

ACT of May 13th, 1800. 3 Bioren, 396.

63. SEC. 1. Jurors to serve in the courts of the United States shall be designated by lot, or otherwise, in each state, or district, respectively, according to the mode of forming juries to serve in the highest courts of law therein now practised, so far as the same shall render such designation practicable by the courts and marshals of the United States.

ACT of March 3d, 1801. 3 Bioren, 437.

SEC. I. Instead of the compensation at present allowed to the district judges for the districts of Massachusetts, New York, Delaware, and Maryland, respectively, there shall hereafter be al lowed, to the district judge for the district of Massachusetts, the yearly salary of sixteen hundred dollars; to the district judge for the district of New York, the yearly salary of sixteen hundred