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(ACT of March 2d, 1809.)

thereof being shown to the justice of the supreme court, allotted to that circuit in which such district court ought by law to be holden; and on application of the district attorney, or marshal, of such district, in writing, to the said justice of the supreme court, said justice of the supreme court shall thereupon issue his order, in the nature of a certiorari, directed to the clerk of such district court, requiring him forthwith to certify into the next circuit court to be holden in said district, all actions, suits, causes, pleas, or processes, civil or criminal, of what nature or kind soever, that may be depending in said district court and undetermined, with all the proceedings thereon, and all files and papers relating thereto; which said order shall be immediately published in one or more newspapers, printed in said district, and at least thirty days before the session of such circuit court, and shall be deemed a sufficient notification to all concerned. And the said circuit court shall thereupon have the same cognizance of all such actions, suits, causes, pleas, or processes, civil or criminal, of what nature or kind soever, and in the like manner as the district court of said district by law might have, or the circuit court, had the same been originally commenced therein; and shall proceed to hear and determine the same accordingly; and the said justice of the supreme court, during the continuance of such disability, shall, moreover, be invested with, and exercise, all and singular the powers and authority vested by law in the judge of the district court in said district. And all bonds and recognisances taken for, or returnable to, such district court, shall be construed and taken to be to the circuit court, to be holden thereafter, in pursuance of this act, and shall have the same force and effect in such circuit court as they could have had in the district court to which they were taken: Provided, That nothing in this act contained shall be so construed as to require of the judge of the supreme court, within whose circuit such district may lie, to hold any special court, or court of admiralty, at any other time than the legal time for holding the circuit court of the United States in and for such district.

SEC. II. The clerk of such district court shall, during the continuance of the disability of the district judge, continue to certify, as aforesaid, all suits or actions, of what nature or kind soever, which may thereafter be brought to such district court, and the same transmit, to the circuit court next thereafter to be holden in the same district; and the said circuit court shall have cognizance of the same in like manner as is hereinbefore provided in this act, and shall proceed to hear and determine the same: Provided, nevertheless, That when the disability of the district judge shall cease or be removed, all suits or actions then pending and undetermined in the circuit court, in which by law the district courts have an exclusive original cognizance, shall be remanded, and the clerk of the said circuit court shall transmit the same, pursuant to the order of said court, with all matters and things relating there

(ACT of February 6th, 1812.)

to, to the district court next thereafter to be holden in said district, and the same proceedings shall be had therein in said district court, as would have been had the same originated, or been continued in the said district court.

SEC. III. In case of the district judge in any district being unable to discharge his duties, as aforesaid, the district clerk of such district shall be authorized and empowered, by leave or order of the circuit judge of the circuit in which such district is included, to take, during such disability of the district judge, all examinations and depositions of witnesses, and make all necessary rules and orders preparatory to the final hearing of all causes of admiralty and maritime jurisdiction. [Infra, 114.]

ACT of November 28th, 1811. 4 Bioren, 362.

98. The district court of the United States, for the district of Maine, shall be holden at Wiscasset within said district, on the second Tuesday of September annually, instead of the first Tuesday of said month. [Infra, 107.]

ACT of January 23d, 1812. 4 Bioren, 372.

99. SEC. 1. Instead of the time heretofore established by law for the sessions of the district courts of the United States, in the North Carolina district, the said courts shall hereafter commence and be holden on the following days, in each year; that is to say, At Edenton, in and for the district of Albemarle, on the third Monday of April, and third Monday of October; at Newbern, in and for the district of Pamptico, on the first Monday after the third Monday of April, and third Monday of October; at Wilmington, in and for the district of Cape Fear, on the second Monday after the third Monday of April, and third Monday of October, any thing contained in any former act or acts to the contrary notwithstanding.

SEC. II. If the judge of the district courts aforesaid should fail to attend on the first day of the term of any of the said courts, respectively, it shall and may be lawful for the marshal of the district, and he is hereby authorized, to adjourn the said court or courts, until the next succeeding day; and if the said judge does not attend before the expiration of the second day of the term of the said court or courts, respectively, it shall and may be lawful for the marshal aforesaid to adjourn the said court or courts to the term next in course, any thing in any former act or acts to the contrary notwithstanding.

ACT of February 6th, 1812. 4 Bioren, 374.

100. SEC. I. The district court within and for the district of Connecticut, shall hereafter be holden on the fourth Tuesdays of

(ACT of March 26th, 1812.)

February, May, August, and November, in each year, any law to the contrary notwithstanding. And that all actions, suits, writs, process, pleadings, or other proceedings, commenced, or to be commenced, or which are now pending in the district court in said district, may be returned to, and shall be continued to, the district court, to be holden on the fourth Tuesday of February, one thousand eight hundred and twelve, as is herein provided.

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

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

101. [SEC. I. and 11. see Bail 6, ante page, 80.]

SEC. III. In any cause before a court of the United States, it shall be lawful for such court, in its discretion, to admit in evidence any deposition taken in perpetuam rei memoriam, which would be so admissible in a court of the state wherein such cause is pending according to the laws thereof.

ACT of March 10th, 1812. 4 Bioren, 392.

102. SEC. I. So much of the first section of an act, entitled "An act to amend an act, entitled an act establishing circuit courts, and abridging the iurisdiction of the district courts of the districts of Kentucky, Tennessee, and Ohio," passed on the twenty-second day of March, eighteen hundred and eight, as provides that the sessions of the said circuit courts shall be held at Knoxville, in East Tennessee, on the third Monday of October annually, shall be, and is hereby, repealed; and, from and after the passing of this act, the said circuit courts shall be held at Knoxville, in the district of East Tennessee, on the second Monday in October, annually, and continue until all the business therein depending be disposed of.

ACT of March 26th, 1812. 4 Bioren, 395.

103. SEC. I. In lieu of the terms now established by law, the circuit court of the first circuit shall annually be holden as follows: At Portsmouth, on the first day of May, and at Exeter, on the first day of October, within and for the district of New Hampshire; at Newport, on the fifteenth day of June, and at Providence, on the fifteenth day of November, within and for the district of Rhode Island; and at Boston, on the fifteenth day of May, and the fifteenth day of October, within and for the district of Massachusetts. And whenever any of the said days shall happen on a Sunday, then the said court, hereby directed to be holden on said day, shall be holden on the next day thereafter.

ACT of April 8th, 1812. 4 Bioren, 402.

An act for the admission of the state of Louisiana into the union, and to ex tend the laws of the United States to the said state.

SEC. III. The said state, (Louisiana) together with the residue of that portion of country which was comprehended within the territory of Orleans, as constituted by the act, entitled "An act erecting Louisiana into two territories, and providing for the temporary government thereof," shall be one district, and be called the Louisiana district; and there shall be established in the said district a district court, to consist of one judge, who shall reside therein, and be called the district judge; and there shall be, annually, four stated sessions of the said court held at the city of Orleans; the first to commence on the third Monday in July next, and the three other sessions progressively, on the third Monday of every third calendar month thereafter. The said judge shall, in all things, have and exercise the same jurisdiction and powers which, by the act, the title whereof is in this section recited, were given to the district judge of the territory of Orleans; and he shall be allowed an annual compensation of three thousand dollars, to be paid quarter yearly, at the treasury of the United States. The said judge shall appoint a clerk of the said court, who shall reside, and keep the records of the court, in the city of Orleans, and shall receive for the services performed by him the same fees heretofore allowed to the clerk of the Orleans territory.

SEC. IV. There shall be appointed in the said district, a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid six hundred dollars annually, as a full compensation for all extra services. There shall also be appointed a marshal for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees to which marshals in other districts are entitled for similar services; and shall, moreover, be paid two hundred dollars annually, as a compensation for all extra

services.

ACT of December 18th, 1812. 4 Bioren, 484.

An act concerning the district and territorial judges of the United States.

104. SEC. I. Hereafter, it shall be incumbent upon the district and territorial judges of the United States to reside within the districts and territories, respectively, for which they are appointed; and it shall not be lawful for any judge appointed under the authority of the United States, to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the injunction or prohibition of this act, shall be deemed guilty of a high misdemeanor.

ACT of February 27th, 1813. 4 Bioren, 508.

105. SEC. I. There shall be appointed in the respective territories of the United States, a person learned in the law, to act as attorney of the United States, who shall, besides the usual fees of office, receive an annual salary of two hundred and fifty dollars payable quarter yearly at the treasury of the United States. And there shall also be appointed, in each of said territories, a marshal who shall receive the same fees and compensation as is allowed by law to the marshal of the district of Kentucky.

ACT of March 3d, 1813. 4 Bioren, 517.

106. SEC. II. The respective terms of the district court of Massachusetts district, which are now required to be holden at Salem, within said district, shall hereafter be holden at Boston, within said district, at the respective times now prescribed by law; and all writs and processes of whatsoever nature or kind, that have been or may be issued and made returnable to the said court at Salem, shall be returnable and returned to the said court at Boston, any thing in any former law to the contrary notwithstanding.

ACT of March 3d, 1813. 4 Bioren, 535.

107.SEC.1. The session of the district court for the district of Maine, by law appointed to be holden at Wiscasset on the first Tuesday in March, shall, from and after the first day of April next, be holden at Wiscasset on the last Tuesday of February, annually, any law to the contrary notwithstanding.

ACT of July 22d, 1813. 4 Bioren, 545.

An act concerning suits and costs in courts of the United States.

108. SEC. 1. Whenever there shall be several actions or processes against persons who might legally be joined in one action or process, touching any demand or matter in dispute before a court of the United States, or of the territories thereof, if judgment be given for the party pursuing the same, such party shall not thereon recover the costs of more than one action or process, unless special cause for several actions or processes shall be satisfactorily shown on motion in open court.

SEC. II. Whenever proceedings shall be had on several libels, against any vessel and cargo which might legally be joined in one libel, before a court of the United States, or of the territories thereof, there shall not be allowed thereon more costs than on one libel, unless special cause for libelling the vessel and cargo severally shall be satisfactorily shown as aforesaid. And in proceedings on several libels or informations against any cargo, or parts of cargo or merchandise, seized as forfeited for the same cause, there shall not be allowed by the court more costs than would be law

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