court to be holden at the justices. in each year, One session &c. If four jus tices do not attend within Vol. iv. p. 2160. the justices thereof, or any four of them, at the city of WashWashington ington, and shall have one session in each and every year, to by any four of commence on the first Monday of February annually, and that if four of the said justices shall not attend within ten days after the time hereby appointed for the commencement of the said session, the business of the said court shall be continued over till the next stated session thereof: Provided always, That any one ten days, &c. or more of the said justices attending as aforesaid shall have power to make all necessary orders touching any suit, action, writ of error, process, pleadings, or proceedings, returned to the said court, or depending therein, preparatory to the hearing, trial, or decision, of such action, suit, appeal, writ of error, process, pleadings, or proceedings. And so much of the act, enVol. i. p. 53. titled "An act to establish the judicial courts of the United States," passed the twenty-fourth day of September, seventeen hundred and eighty-nine, as provides for the holding a session of the supreme court of the United States on the first Monday of August, annually, is hereby repealed. The associate justice resi dent in the 4th ington on the 2. That it shall be the duty of the associate justice resident in the fourth circuit formed by this act, to attend at the circuit, to at- city of Washington, on the first Monday of August next, and on tend at Wash- the first Monday of August, each and every year thereafter, who first Monday shall have power to make all necessary orders touching any suit, of August. Writs and pro- action, appeal, writ of error, process, pleadings, or proceedings, cess may be returned to the said court, or depending therein, preparatory to returnable to the hearing, trial, or decision of such action, suit, appeal, writ the supreme court, &c. attend on the of error, process, pleadings, or proceedings: and that all writs and process may be returnable to the said court on the said first Monday in August, in the same manner as to the session of the said court, hereinbefore directed to be holden on the first Monday in February, and may also bear teste on the said first Monday in August, as though a session of the said court was The clerk to holden on that day; and it shall be the duty of the clerk of the first Monday supreme court to attend the said justice on the said first Monof August, &c. day of August, in each and every year, who shall make due entry of all such matters and things, as shall or may be ordered as At August aforesaid by the said justice; and at each and every such Autions, pleas, to gust session, all actions, pleas, and other proceedings, relative to be continued any cause, civil or criminal, shall be continued over to the ensuing February session. session ac over, &c. Actions, suits, &c. continued from the supreme court holden the 3. That all actions, suits, process, pleadings, and other proceedings, of what nature or kind soever, civil or criminal, which were continued from the supreme court of the United States, first Monday which was begun and holden on the first Monday of December of Dec. 1801, last, to the next court to have been holden on the first Monday of court on the June, under the act which passed on the thirteenth day of Febfirst Monday ruary, one thousand eight hundred and one, entitled "An act to returned, &c. provide for the more convenient organization of the courts of Vol. i, p. 797. the United States," and all writs, process, and proceedings, as to the next of June, to be aforesaid, which are or may be made returnable to the same June session, shall be continued, returned to, and have day in, the session to be holden by this act on the first Monday of August next; and such proceedings shall be had thereon as is hereinbefore provided. 1 The districts &c. § 4. That the districts of the United States (excepting the Vol. iv. p. districts of Maine, Kentucky, and Tennessee) shall be formed into 2538. six circuits, in manner following: The districts of New Hamp- of the U. S. shire, Massachusetts, and Rhode Island, shall constitute the first to be formed, circuit: The districts of Connecticut, New York, and Vermont, 1st circuit. shall constitute the second circuit: The districts of New Jer- 2d circuit. sey and Pennsylvania, shall constitute the third circuit: The 3d circuit. districts of Maryland and Delaware, shall constitute the fourth 4th circuit. circuit: The districts of Virginia and North Carolina, shall constitute the fifth circuit: and the districts of South Carolina 5th circuit. and Georgia, shall constitute the sixth circuit. And there shall 6th circuit. be holden, annually, in each district of the said circuits, two Two circuit courts, which shall be called circuit courts. In the first circuit, district, annuthe said circuit court shall consist of the justice of the supreme ally. court residing within the said circuit and the district judge of the district where such court shall be holden. And the sessions of First circuit, the said court, in the district of New Hampshire, shall commence times of sesits judges and on the nineteenth day of May, and the second day of November, sion. annually; in the district of Massachusetts, on the first day of Vol. ii. 1218. June, and the twentieth day of October, annually; in the dis courts in each 2260.2539. Third circuit. trict of Rhode Island, on the fifteenth day of June, and the fifteenth day of November, annually. In the second circuit, the Second cirsaid circuit court shall consist of the senior associate justice of Vol. ii. p. 905 the supreme court residing within the fifth circuit, and the dis- 1077. vol. iii. trict judge of the district where such court shall be holden: And 2022. vol. iv. the sessions of the said court, in the district of Connecticut, shall commence on the thirteenth day of April, and the seventeenth day of September, annually: In the district of New York, on the first day of April, and the first day of September, annually: In the district of Vermont, on the first day of May, and the third day of October, annually. In the third circuit, the said circuit court shall consist of the justice of the supreme court residing Vol. ii. p. 905 within the said circuit, and the district judge of the district vol. iv. 2539 where such court shall be holden: And the sessions of the said court, in the district of New Jersey, shall commence on the first day of April, and the first day of October, annually: In the district of Pennsylvania, on the eleventh day of April, and the eleventh day of October, annually. In the fourth circuit, the said Fourth cir-circuit court shall consist of the justice of the supreme court re- vol. iv. p. siding within the said circuit, and the district judge of the dis- 2367. 2539. trict where such court shall be holden: And the sessions of the 2177. said court in the district of Delaware, shall commence on the third day of June, and the twenty-seventh day of October, annually: In the district of Maryland, on the first day of May, and the seventh day of November, annually; to be holden hereafter at the city of Baltimore only. In the fifth circuit, the circuit Fifth circuit. court shall consist of the present chief justice of the supreme 1037. vol. iw court, and the district judge of the district where such court 2539. shall be holden: And the sessions of the said court in the district of Virginia, shall commence on the twenty-second day of May, and the twenty-second day of November, annually: In the district of North Carolina, on the fifteenth day of June, and the twenty-ninth day of December, annually. In the sixth circuit, Sixth circuit. cuit. Vol. ii. 988 Vol. ii. p. 1576. 1949. 2005, 2022. Proviso; when only one judge attends, the said circuit court shall consist of the junior associate justice 1077. vol. ii. of the supreme court in the fifth circuit, and the district judge of the district where such court shall be holden: And the sessions vol. iv. 2163. of the said court in the district of South Carolina shall commence at Charleston, on the twentieth day of May, and at Columbia, on the twentieth day of November, annually: In the district of Georgia, on the sixth day of May, at Savannah, and on the fourteenth day of December, hereafter at Louisville, annually: Provided, that when only one of the judges, hereby directed to hold the circuit courts, shall attend, such circuit court may be held by the judge so attending; and that when any of the said days shall happen on a Sunday, then the said court, hereby directed to be holden on such day, shall be holden on the next day thereafter; and the circuit courts constituted by this act, shall be held at the same place or places in each district of every circuit, as by law they were respectively required to be places in the held previous to the thirteenth day of February, one thousand districts, &c. eight hundred and one, excepting as is hereinbefore directed. And none of the said courts shall be holden until after the first day of July next; and the clerk of each district court shall be also clerk of the circuit court in such district, except as hereinafter excepted. &c. When day happen on Sunday, court to be held the next day, &c. The circuit Courts to be held at the On appoint a chief or as tice, they are In case no al make it. $5. That on every appointment which shall be hereafter ments, &c. of made of a chief justice or associate justice, the said chief justice sociate jus- and associate justices shall allot themselves among the aforesaid to allot them- circuits as they shall think fit, and shall enter such allotment on selves, &c. record. And in case no such allotment shall be made by them lotment is at their session next succeeding such appointment, and also, afmade, &c. the ter the appointment of any judge, as aforesaid, and before any alpresident may lotment shall have been made, it shall and may be lawful for the president of the United States to make such allotment as he shall' Allotment to deem proper; which allotment made, in either case, shall be be binding. binding until another allotment shall be made. And the circuit The circuit courts constituted by this act, shall have all the power, authori have the same ty, and jurisdiction, within the several districts of their respecauthority, &c. tive circuits, that, before the thirteenth day of February, one as before, &c. thousand eight hundred and one, belonged to the circuit courts In cases re- of the United States: And in all cases which, by appeal or writ moved by ap- of error, are, or shall be, removed from a district to a circuit peal, &c. judg ment to be court, judgment shall be rendered in conformity to the opirendered ac- nion of the judge of the supreme court presiding in such circuit courts, &c. to cording to,&c. When ques tions occur, &c. upon which the judges differ, the point, &c. to be stated, &c. court. 6. That whenever any question shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, during the same term, upon the request of either party, or their counsel, be stated under the direction of the judges, and certified, under the seal of the court, to the supreme court, at their The decision next session to be held thereafter; and shall, by the said court, court, &c. to be finally decided. And the decision of the supreme court, and be remitted to their order in the premises, shall be remitted to the circuit court, and be there entered of record, and shall have effect according Proviso; noth- to the nature of the said judgment and order: Provided, That of the supreme the circuit court, &c. ing herein to cause from Imprisonment nothing herein contained shall prevent the cause from proceed- prevent the ing, if, in the opinion of the court, further proceedings can be proceeding, if, had without prejudice to the merits: And provided also, That &c. imprisonment shall not be allowed, nor punishment in any case not allowed, be inflcted, where the judges of the said court are divided in &c. when the judges are diopinion upon the question touching the said imprisonment or vided in opinpunishment. ion, &c. tricts. District of Pampico; its court, place, and times of session. 7. That the district of North Carolina shall be divided into three districts: one to consist of all that part thereof which, by the laws of the state of North Carolina, now forms the districts to three disof Edenton and Halifax, which district shall be called the dis- District of Altrict of Albemarle; and a district court in and for the same bemarle; its shall be holden at Edenton, by the district judge of North Caro- and times of court, place, lina, on the third Tuesday in April, on the third Tuesday in session. August, and on the third Tuesday in December, in each and every year one other to be called the district of Pamptico, and to consist of all that part of North Carolina which, by the laws of the said state, now forms the districts of Newbern and Hillsborough, together with all that part of the district of Wilmington which lies to the northward and eastward of new river; for which district of Pamptico a district court shall be bolden at Newbern, by the district judge last aforesaid, on the second Tuesday in April, on the second Tuesday in August, and on the second Tuesday in December, in each and every year and one District of other, to consist of the remaining part of the said district of Cape Fear; North Carolina, and to be called the district of Cape Fear, in and times of and for which a district court shall be holden at Wilmington, by session. the district judge last aforesaid, on the first Tuesday in April, on the first Tuesday in August, and on the first Tuesday in December, in each and every year: which said district courts here- The district by directed to be holden, shall, respectively, have and exercise, courts hereby within their several districts, the same powers, authority, and to exercise the jurisdiction, which are vested by law in the district courts of the powers, &c. United States. directed, &c. Vol. ii. p. 1037. courts for na to appoint their clerks. 8. That the circuit court and district courts, for the district The circuit of North Carolina, shall appoint clerks for the said courts, re- and district spectively; which clerks shall reside and keep the records of North Carolithe said courts at the places of holding the courts whereto they shall respectively belong, and shall perform the same duties, and Duties, emolbe entitled to and receive the same emoluments and fees, re- uments, &c. spectively, which are by law established for the clerks of the circuit and district courts of the United States, respectively. red, continued, and district $ 9. That all actions, causes, pleas, process, and other pro- Actions, pleas, ceedings, relative to any cause, civil or criminal, which shall be &c. transferreturnable to, or depending in, the several circuit or district &c. to the secourts of the United States on the first day of July next, shall veral circuit be, and are hereby declared to be, respectively, transferred, re- courts constiturned, and continued, to the several circuit and district courts tuted by this constituted by this act, at the times hereinbefore and hereinafter appointed for the holding of each of the said courts, and shall be heard, tried, and determined, therein, the same manner, and with the same effect, as if no change had been made in the said courts. And it shall be the duty of the clerk of each and The clerks VOL. II. 88 act, &c. cess, &c. by this act ferred, &c. and the re to receive, &c. every court hereby constituted, to receive, and to take into his the writs, pro- safe keeping, the writs, process, pleas, proceedings, and papers, trans- of all those causes and actions which by this act shall be transferred, returned, or continued, to such court, and also all the cords, &c. be- records and office papers, of every kind, respectively, belonging longing to the to the courts abolished by the repeal of the act, entitled "An act to provide for the more convenient organization of the courts of the United States," and from which the said causes shall have been transferred as aforesaid. courts abolished, &c. Suits, process, &c. in the cir ed over, and said territories, &c. 10. That all suits, process, pleadings, and other proceedcuit court of ings, of what nature or kind soever, depending in the circuit the district of court in the district of Ohio, and which shall have been, or may Ohio, continu hereafter be, commenced within the territory of the United made cogniza- States northwest of the river Ohio, in the said court, shall, from ble, &c. in the superior and after the first day of July next, be continued over, returned, courts of the and made cognizable, in the superior court of the said territory, next thereafter to be holden; and all actions, suits, process, pleadings, and other proceedings, as aforesaid, depending in the circuit court of the said district, and which shall have been, or may hereafter be, commenced within the Indiana territory, in said court, shall, from and after the first day of July next, be continued over, returned, and made cognizable, in the superior court of the said Indiana territory, next thereafter to be holden. 11. That in all cases in which proceedings shall, on the said first day of July next, be pending under a commission of pending, &c. bankruptcy, issued in pursuance of the aforesaid act, entitled "An act to provide for the more convenient organization of the courts of the United States," the cognizance of the same shall be, and hereby is, transferred to, and vested in, the district judge of the district within which such commission shall have issued, who is hereby empowered to proceed therein, in the same manner, and to the same effect, as if such commission of bankruptcy had been issued by his order. In all cases in which proceedings are the cogni zance is trans ferred, &c to the district judge, &c. The district tucky and Tennessee, 12. That, from and after the first day of July next, the disjudges of Ken- trict judges of Kentucky and Tennessee shall be, and hereby are, severally entitled to a salary of fifteen hundred dollars, annually, to be paid quarter yearly at the treasury of the United States. &c. The marshals and attorneys 13. That the marshals and attorneys of the United States, for districts for the districts which were not divided, or within the limits of not divided, which new districts were not erected, by the act, entitled "An &c. by the act mentioned, to act to provide for the more convenient organization of the courts continue, &c. of the United States," passed the thirteenth day of February, one thousand eight hundred and one, shall continue to be marshals and attorneys for such districts, respectively, unless reIn other dis- moved by the president of the United States; and in all other tricts divided, districts which were divided, or within the limits of which new the president to discontinue districts were erected by the last recited act, the president of the supernu- the United States be, and hereby is, empowered, from and after the first day of July next, to discontinue all such supernumerary marshals and district attorneys of the United States in such districts, respectively, as he shall deem expedient, so that there shall be but one marshal and district attorney to each district : merary mar- |