Page images
PDF
EPUB

The judges of the district courts are authorized to appoint a commissioner or commissioners before whom appraisers of ships or vessels, or goods, wares and merchandise, seized for breaches of any law of the United States may be sworn or affirmed; and such qualifications made before such commissioner or commissioners shall be, to all intents and purposes, as effectual as if the same were taken before the said judges in open court.(1)

550. The district courts have, exclusively of the courts of the several states, cognizance of all crimes and offences, cognizable under the authority of the United States, committed within their respective districts or upon the high seas, where no other punishment than whipping, not exceeding thirty stripes, a fine, not exceeding one hundred dollars, or a term of imprisonment, not exceeding six months, is to be inflicted.(2)

The district courts in districts where no circuit courts are holden shall have cognizance of all causes arising under an act of congress approved May 15ih, 1820, entitled, “ An Act to continue in force an act to protect the commerce of the United States and punish the crime of piracy,” and shall have the same power and jurisdiction therein as the circuit courts.(3)

[blocks in formation]

Art. 581. The superior courts of the several territories of the United States, in which a district court has not been established by law, shall, in all cases in which the United States are concerned, have, within their respective territories, besides the jurisdiction of a district court, jurisdiction of all other causes, except of appeals and writs of error, cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court; and writs of error and appeals shall lie from decisions therein to the supreme court in the same causes as from a circuit court to the supreme court, and under the same regulations.(4)

582. The provisions of an act, entitled "an act for providing compensation for the marshals, clerks, attorneys, jurors, and witnesses in the courts of the l'nited States, and for other purposes,”(5) so far as such act may relate to the provisions of the last foregoing section, shall be extended to the territories of the United States, except that the clerks of the territorial courts shall not receive the additional five dollars per day allowed to the clerks of the circuit and district courts.(6)—See the parts of this work relating to the compensation of marshal's clerks, fc.

(1) Act 9th June, 1794, sec. 1.
(2) Act 24th Sept. 1789, sec. 9.
(3) Act 3d March, 1823.
(4) Act March 3d, 1805.-Sept. 24th,

1789, sec. 10,--Act March 2d, 1793,
sec. 2.

(5) Act Feb. 28th, 1799.
(6) Act April 18th, 1806.

583. The territorial judges shall reside within the territory for which they are appointed.(1)

SECTION II.

Of the Courts in the Territory of Florida.

Judicial power-how vested-four Writs of error and appeals-when superior courts—where holden 584 allowed-proceedings in

593 Clerks—how appointed

585 Officers of the courts-duties-comJudges, appointment, compensation

pensation

594 of

586 Judges to hold courts at places deLimits of southern district

587

signated by legislative council 595 Sessions-residence and compensa- Marshal-residence-duty-bond of 596 tion of judge

588 Court of appeals—how constituted Salvage in certain cases—how paid 589 -powers-writs of error and apProperty saved to be sold—when, peals

597 provision for preserving 590 Marshals subject to regulation of leWreckers employed by judge 591 gislative council

598 Powers of superior courts—extra sessions

592

Art. 584. The judicial power of the Territory of Florida, shall be vested in four superior courts, and in such inferior courts and justices of the peace, as the legislative council of the territory, may, from to time, establisb.(2) (See article 587.)

There shall be a superior court for that part of the territory situated to the west of the river Apalachicola, to consist of one judge: he shall hold his court on the first Mondays in May and November, annually, at Pensacola, and at such other times and places as the legislative council may direct.(3)

There shall be a superior court for that part of the territory situated between the Apalachicola and Suwannee rivers, to consist of one judge: he shall hold his court on the first Mondays of April and October, annually, at the seat of government of the said territory, and at such other times and places as the legislative council may direct.(3)

There shall be a superior court for that part of the territory situated to the east and south of the Suwannee river, to consist of one judge ; he shall hold his court on the first Monday in May and November, annually, at St. Augustine, and at such other times and places as the legislative council shall direct.(3)

The governor and legislative council may, until congress otherwise direct, provide by law for holding the superior courts, at such other places, within i heir respective districts, as may be necessary for the more convenient administration of justice therein.(4)

The county of Franklin shall be added to the middle judicial district, and it shall be the duty of the judge of said middle district to hold two regular terms of the superior court, at the town of Apalachicola, commencing on the second Mondays of April and November, and special terms at such other periods as may be required by business, and not interfere with the business of said court in other counties.(5)

(1) Act December 18th, 1812.

(2) Act May 26th, 1824.—230 May, 1828,

(3) Act May 26th, 1824.
(4) Act 3d March, 1827.
(5) Act Feb. 25th 1836, sec. 3.

There shall only be one term of the superior court holden for the counties of Madison and Hamilton, in each year.(1)

535. Each judge shall appoint a clerk, who shall reside at the place where his court is directed by law to be holden, and shall keep the records there. And no one clerk shall by himself or deputy officiate at more than one place for holding said courts.(2)

Such clerks shall receive for their services in all cases arising under the laws and constitution of the United States, the same fees which the clerks of the district court of the next adjoining state receive; and in all cases arising under the territorial laws, such fees as may be established by the legislative council.(2)

586. Such judges shall be appointed by the president of the United States, by and with the advice and consent of the senate, and shall hold their offices for the term of four years, and no longer. Their salaries shall be eighteen hundred dollars each, annually.(3)

587. There shall be established another judicial district, to be called the southern district, embracing all that part of the territory which lies south of a line from Indian river on the east, and Charlotte harbour on the west, including the latter harbour; and there shall be appointed for said district a judge, who shall appoint a clerk for the court.(4)

588. The stated sessions of said court shall be held on the first Mondays of May and November, annually, at Key West; and such other intermedi. ate sessions, from time to time, as the judge in his discretion may think advisable and necessary. The judge shall reside at the island of Key West, and shall be entitled to receive, as a salary for his services, two thousand dollars per annum, to be paid quarterly, out of any moneys in the treasury not otherwise appropriated.(5)

559. Whenever, in any case concerning wrecked property, or property abandoned at sea, the judge aforesaid shall have determined the rate of sal. vage to be allowed to salvors, it shall be his duty, unless the salvage decreed shall have been adjusted, without recourse to vessel and cargo, to direct such proportion of salvage to be paid to the salvors in kind; and that the property saved shall be divided accordingly, under the inspection of the officers of the court, and before it shall have been taken out of the custody of the revenue officers.(6)

590. Whenever it shall be ascertained, to the satisfaction of the judge of said court, that any of the property saved, is, from its character, not susceptible of being divided in the manner proposed, or that there are articles in the cargo of a perishable nature, it shall be his duty to direct a sale of the same, for the benefit of all concerned.(7)

The property remaining, after separating the portion adjudged to the sal. vors, shall not be removed from such store as may be used for public purposes, nor disposed of in any other way, within nine months, unless by the order of the owners, or of their authorized agents; and that the duties accruing upon such property may be secured at any port in the United States, where the owners may reside.(8)

591. No vessel shall be employed as a wrecker, unless under the authority of the judge of said court; and it shall not be lawful to employ

(1) Act Feb. 25th, 1836, sec. 4. (2) Act May 26th, 1824, sec. 1, 2. (3) Act March 3d, 1823. May 26th, 1824, sec. 3. June 30th, 1834.

(4) Act May 23d, 1828 sec. 1.

(5) Ibid. sec. 2. (6) Ibid. sec. 3. (7) Ibid. sec. 4. (8) Ibid. sec. 5.

[ocr errors]

on board such vessel, any wrecker who shall have made conditions with the captain or supercargo of any wrecked vessel, before or at the time of affording relief.(1)

592. Such superior courts, within their respective districts, shall have and exercise original jurisdiction in all civil causes, in law and equity, whether arising under the laws of the territory or otherwise, where the sum in controversy shall amount to one hundred dollars, and shall have original and exclusive cognizance of all civil causes of admiralty and maritime jurisdic. tion, including all seizures under laws of impost, navigation, or trade of the United States, whether such seizures be made on land or water; and of all suits for penalties and forfeitures incurred under the laws of the United States; and original, but not exclusive jurisdiction, of all suits in which the United States shall be a party, whatever may be the amount in controversy in such causes and suits ; and shall have and exercise appellate jurisdiction in all civil causes, originating in the inferior courts of such territory, whatever may be the amount in controversy, and shall have and exercise original and exclusive jurisdiction of all crimes and offences committed against the laws of the said territory, where the punishment shall be death ; and original and appellate jurisdiction of all other crimes and offences committed against the laws of the territory ; and original and exclusive jurisdiction of all crim.es and offences which are cognizable, under the authority of the United States, committed within the respective districts of the superior courts, or upon the high seas.(2)

Such superior courts, and courts of appeals, in term, and the judges there. of, in vacation, shall, respectively, have full power and authority in all civil causes and criminal cases, to issue writs of habeas corpus,

of error, of cer. tiorari, of mandamus, of prohibition, of scire facias, and of quo war. ranto, according to the principles and rules of law.(3)

The judges of the superior courts have power to order extra terms of said courts, or to adjourn them to any other time and place when the public interest may require it, and when, from sickness or other cause, the judges cannot hold the regular terms, giving due notice of the same; and it shall also be lawful for the said judges to hold courts in either of the districts, when the judge of the district is absent, or prevented from attending by sickness or other cause.(4)

Such courts, respectively, shall be held as occasion may require, to prevent a delay of justice for the trial of causes of admiralty and maritime ju. risdiction, and for the hearing of causes in equity, as often as the judges shall deem fit.(5)

Such courts, respectively, shall have power, in cases where there has been a trial by jury, to grant new trials, as often as may be deemed neces. sary for the due administration of justice, for which new trials have usually been granted in the courts of law, and shall have power to administer all necessary oaths or affirmations, and to enake and establish all necessary rules of practice and pleading, and for the orderly conducting of the business of the said courts : Provided, Such rules be not repugnant to the laws of the United States, or of the territory.(6)

593. Writs of error and appeal shall lie on all final decisions of said superior courts, where the matter in dispute shall amount to the sum or value of one hundred dollars, exclusive of costs, to the court of appeals of such territory ; in all civil causes of admiralty and maritime jurisdiction, in all

(1) Act May 23d, 1828, sec. 6.
(2) Act May 13th, 1826, sec. 1.
(3) Ibid. sec. 2.

(4) Act April 28th, 1828, sec. 4.
(5) Act May 13th, 1826, sec. 3.
(6) Ibid. sec. 4.

causes of seizure, under the laws of impost, navigation, and trade, of the United States; in all suits for penalties and forfeitures incurred under the laws of the United States, and in all suits in which the United States shall be a party; in all civil causes, in law and equity, arising under the constitution and laws of the United States, and treaties made, and which shall be made, under their authority, and in all civil cases affecting ambassadors, other public ministers and consuls; in controversies between citizens of two different states, and between aliens and citizens of the United States, in the same manner, and under the same regulations, as appeals are directed to be taken from a district to a circuit court of the United States. And writs of error and appeal shall lie, and may be taken from the final decisions of such court of appeals, in all such cases, to the supreme court of the United States, in the same manner, and under the same restrictions and regulations, as writs of error and appeals are directed to be taken from the circuit courts of the l'nited States. And in all other cases, writs of error and appeal may be taken and prosecuted from said superior courts to the court of appeals, in such manner as the legislative council have directed, or may direct.(1)

The regulations prescribed by the nineteenth, twentieth, twenty-first, twenty-second, twenty-third, and twenty-fourth sections of the act of the twenty-fourth of September, seventeen hundred and eighty-nine, entitled - an act to establish the judicial courts of the United Staies,” and by the act of the twelfth of December, seventeen hundred and ninety-four, entitled “ an act to amend and explain the twenty-second section of the act establishing the judicial courts of the United States," as far as said regulations shall be practicable, shall be observed in respect to all writs of error and appeals, from such superior courts to the court of appeals in the cases enumerated in the first part of the preceding section, and in writs of error and appeals from the said court of appeals to the supreme court of the United States.(2)*

594. The clerks of such courts, respectively, where the courts are held, shall keep correct, particular, and regular minutes and records of every day's proceedings thereof, and the clerks, marshals, and district attorneys, shall, respectively, receive for their services, in all causes of admiralty and maritime jurisdiction, and in causes arising on seizures under the laws of impost, navigation, and trade, of the United States, the same fees and compensation as are allowed by law to the clerks, marshals, and district attorDevs, of the district court of the United States for Louisiana district, in simila: causes; and in all other causes, such fees as have been or shall be here. after established by the legislative council of the territory. And the clerk, I'nited States' attorney, and marshal, of the court of appeals, shall have the same fees and compensation for attending said court, whilst exercising the powers of a circuit court, as directed in this act, as are allowed to the clerk, attorney, and marshals of the United States; and, in all other cases, such fers as the legislative council of said territory have established, or may diTect.(3)

595. The judges of such courts shall only be required to hold a court in one other place, in their respective districts, than the one assigned by the laws of the United States, to be designated by the governor and legislative coincil; and so much of any law, as restricts said courts to a particular

(1) Act May 13th, 1826, sec, 5. May 2565, 1824, sec. 1.

(2) Ibid. sec. 6.
(3) Ibid. sec 7.

See title civil procedure, writ of error, and see appellate jurisdiction of supreme and circuit courts.

« ՆախորդըՇարունակել »