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(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 evi. dence 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. 1. 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courts shall be held at Knoxville, in East Tennessee, on the third Monday of October annually, shall be, and is hereby, repealed; and, from and after the passing of this act, the said circuit courts shall be held at Knoxville, in the district of East Tennessee, on the second Monday in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. 1. 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 fif. teenth day of October, within and for the district of Massachusetts. And whenever any of the said days shall happen on a Sun. day, 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.
tend the laws of the United States to the said state.
Sec. II. 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.
104. Sec, 1. 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.1, 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. . 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. 11. 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
(ACT of April 9th, 1814.) ful on one libel or information, whatever may be the number of owners or consignees therein concerned; but allowance may be made on one libel or information for the costs incidental to several claims: Provided, That in case of a claim of any vessel or other property seized on behalf of the United States, and libelled or informed against as forfeited under any of the laws thereof, if judgment shall pass in favor of the claimant, he shall be entitled to the same upon paying only his own costs.
Sec. 111. Whenever causes of like nature, or relative to the same question, shall be pending before a court of the United States, or of the territories thereof, it shall be lawful for the court to make such orders and rules concerning proceedings therein, as may be conformable to the principles and usages belonging to courts, for avoiding unnecessary costs or delay in the administration of justice; and accordingly, causes may be consolidated as to the court shall appear reasonable. And if any attorney, proctor, or other person admitted to manage and conduct causes in a court of the United States, or of the territories thereof, shall appear to have multiplied the proceedings in any cause before the court, so as to increase costs unreasonably and vexatiously, such person may be required, by order of court, to satisfy any excess of costs so incurred.
ACT of March 24th, 1814. 4 Bioren, 665, 109. Sec. 1. Instead of the time heretofore prescribed by law for the sessions of the district court of the United States for the Virginia district, the said court shall hereafter commence its sessions on the following days in each year, that is to say: on the twelfth day of April, and on the fifteenth day of October, in the city of Richmond; and on the first day of May, and on the first day of November, in the borough of Norfolk. [Infra, 120.]
Sec. iv. If, at any time, the day prescribed by this act for commencing a session of the said court shall be a Sunday, the said court shall commence and hold its session on the following day.
ACT of April 9th, 1814. 4 Bioren, 679. 110. SEC. I. For the more convenient transaction of business in the courts of the United States within the state of New York, the said state shall be, and the same is hereby, divided into two districts, in manner following, to wit: the counties of Rensselaer, Albany, Schenectady, Schoharie, and Delaware, together with all that part of the said state lying south of the said abovementioned counties, shall compose one district, to be called the southern district of New York; and all the remaining part of the said state shall compose another district, to be called the northern district of New York; and the terms of the district court in the said southern dis
(ACT of March 3d, 1815.) trict shall be held in the city of New York, at the several times at which they are now by law directed to be held in the said city.
[See Infra, 122.] Sec. 11. Matthias B. Tallmadge, one of the district judges of the district of New York, is hereby assigned as the judge to hold the said district court in the said northern district of New York, and to do and perform all the duties appertaining to his office within the said northern district; and William P. Van Ness, the remaining district judge of the district of New York, is hereby, assigned as the judge to hold the said court in the said southern district of New York, and to do and perform all the duties appertaining to his said office within the said southern district. And it is hereby also made the duty of the judge of the said southern district to hold the several district courts hereinbefore directed to be holden in the said northern district, in case of the inability, on account of sickness or absence, of the said Matthias B. Tallmadge to hold the same.
111. Sec. II. The circuit court of the United States shall be held, in and for the said southern district of New York, at the city of New York, at the times and in the manner now directed by law to be held in and for the district of New York, and that the district court in the said northern district of New York, shall, besides the ordinary jurisdiction of a district court, have jurisdiction of all causes, except of appeals and writs of error, cognizable by law in a circuit court, and shall proceed therein in the same manner as a circuit court; and writs of error shall lie from decisions therein to the circuit court in the said southern district of New York, in the same manner as from other district courts to their respective circuit courts.
ACT of March 3d, 1815. 4 Bioren, 842. 112. SEC. 1. The president of the United States, by and with the advice and consent of the senate, is hereby authorized to appoint one person as marshal and one as district attorney for the northern judicial district of the United States, within the state of New York, created by the act to which this act is a supplenient, [Supra, 110.] bearing date the ninth day of April, in the year one thousand eight hundred and fourteen; and the terms of appointment and service, together with the duties, responsibilities and emoluments of the said marshal and district attorney, respectively for the district aforesaid, shall be in all respects the same within their said district, as the terms of appointment and service, the duties, responsibilities and emoluments of all other marshals and district attorneys respectively, within their respective districts in the United States of America. [Infra, 122.]