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(ACT of April 29th, 1802.)

dollars; to the district judges for the districts of New Jersey, and Delaware, the yearly salaries of twelve hundred dollars, each, and to the district judge for the district of Maryland, the yearly salary of sixteen hundred dollars; to be paid at the treasury of the United States, in quarter yearly payments.

ACT of April 29, 1802. 3 Bioren, 479.

An act to amend the judicial system of the United States.

64. SEC. I. From and after the passing of this act, the supreme court of the United States shall be holden by the justices thereof, or any four of them, at the city of Washington, and shall have one session in each and every year, to 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 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.

[Infra, 91.]

SEC. II. It shall be the duty of the associate justice resident in the fourth circuit formed by this act, to attend at the city of Washington, on the first Monday of August next, and on the first Monday of August, each and every year thereafter, who shall have power to make all necessary orders touching any suit, action, appeal, 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 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 holden on that day; and it shall be the duty of the clerk of the supreme court to attend the said justice on the said first Monday 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 aforesaid by the said justice; and at each and every such August session, all actions, pleas, and other proceedings, relative to any cause, civil or criminal, shall be continued over to the ensuing February session.

65. SEC. IV. The districts of the United States (excepting the districts of Maine, Kentucky, and Tennessee) shall be formed into six circuits, in manner following:

(ACT of April 29th, 1802.)

The districts of New Hampshire, Massachusetts, and Rhode Island, shall constitute the first circuit:

The districts of Connecticut, New York, and Vermont, shall constitute the second circuit:

The districts of New Jersey and Pennsylvania, shall constitute the third circuit:

The districts of Maryland and Delaware, shall constitute the fourth circuit:

The districts of Virginia and North Carolina, shall constitute the fifth circuit: and

The districts of South Carolina and Georgia, shall constitute the sixth circuit.

And there shall be holden, annually, in each district of the said circuits, two courts, which shall be called circuit courts. In the first circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit and the district judge of the district where such court shall be holden. And the sessions of the said court, in the district of New Hampshire, shall commence on the nineteenth day of May, and the second day of November, annually; in the district of Massachusetts, on the first day of June, and the twentieth day of October, annually; in the district of Rhode Island, on the fifteenth day of June, and the fifteenth day of November, annually. [Infra, 103.]

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. [Infra, 115.]

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 circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be holden: And the sessions of the 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 court shall consist of the present chief justice of the supreme court, and the district judge of the district where such court 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.

[Infra, 88.]

(ACT of April 29th, 1802.)

In the sixth circuit, the said circuit court shall consist of the junior associate justice of the supreme court in the fifth circuit, and the district judge of the district where such court shall be holden: And the sessions 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, [Infra, 93.] 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 held previous to the thirteenth day of February, one thousand 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.

66. Sec. v. On every appointment which shall be hereafter made of a chief justice or associate justice, the said chief justice and associate justices shall allot themselves among the aforesaid circuits as they shall think fit, and shall enter such allotment on record. And in case no such allotment shall be made by them at their session next succeeding such appointment, and also, after the appointment of any judge, as aforesaid, and before any allotment shall have been made, it shall and may be lawful for the president of the United States to make such allotment as he shall deem proper; which allotment made, in either case, shall be binding until another allotment shall be made. And the circuit courts constituted by this act, shall have all the power, authority, and jurisdiction, within the several districts of their respective circuits, that, before the thirteenth day of February, one thousand eight hundred and one, belonged to the circuit courts of the United States: And in all cases which, by appeal or writ of error, are, or shall be, removed from a district to a circuit court, judgment shall be rendered in conformity to the opinion of the judge of the supreme court presiding in such circuit court.

67. SEC. VI. 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 next session to be held thereafter; and shall, by the said court, be finally decided. And the decision of the supreme court, and their order in the pre

(ACT of April 29th, 1802.)

mises, shall be remitted to the circuit court, and be there entered of record, and shall have effect according to the nature of the said judgment and order: Provided, That nothing herein contained shall prevent the cause from proceeding, if, in the opinion of the court, farther proceedings can be had without prejudice to the merits: And provided also, That imprisonment shall not be allowed, nor punishment in any case be inflicted, where the judges of the said court are divided in opinion upon the question touching the said imprisonment or punishment. [Infra, 89.]

68. SEC. VII. 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 of Edenton and Halifax, which district shall be called the district of Albemarle; and a district court in and for the same shall be holden at Edenton, by the district judge of North Carolina: 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 holden at Newbern, by the district judge last aforesaid, and one other, to consist of the remaining part of the said district of North Carolina, and to be called the district of Cape Fear, in and for which a district court shall be holden at Wilmington, by the district judge last aforesaid, which said district courts hereby directed to be holden, shall, respectively, have and exercise, within their several districts, the same powers, authority, and jurisdiction, which are vested by law in the district courts of the United States, [as to the times for holding the district courts, see infra, 99.]

69. SEC. VIII. The circuit court and district courts, for the district of North Carolina, shall appoint clerks for the said courts, respectively; which clerks shall reside and keep the records of the said courts at the places of holding the courts whereto they shall respectively belong, and shall perform the same duties, and be entitled to and receive the same emoluments and fees, respectively, which are by law established for the clerks of the circuit and district courts of the United States, respectively.

70. SEC. XII. From and after the first day of July next, the district 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.

71. SEC. XIII. The marshals and attorneys of the United States, for the districts which were not divided, or within the limits of which new districts were not erected, by the act, entitled "An act to provide for the more convenient organization of the courts of the United States," passed the thirteenth day of February, one thousand eight hundred and one, shall continue to be marshals and

(ACT of April 29th, 1802.)

attorneys for such districts, respectively, unless removed by the president of the United States; and in all other districts which were divided, or within the limits of which new districts were erected by the last recited act, the president of the United States 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; and every marshal and district attorney who shall be continued in office, or appointed by the president of the United States, in such districts, shall have and exercise the same powers, perform the same duties, give the same bond, with sureties, take the same oath, be subject to the same penalties and regulations, as are or may be prescribed by law, in respect to the marshals and district attorneys of the United States. And every marshal and district attorney who shall be so discontinued as aforesaid, shall be holden to deliver over all papers, matters, and things, in relation to their respective offices, to such marshals and district attorneys, respectively, who shall be so continued, or appointed as aforesaid, in such district, in the same manner as is required by law in cases of resignation or removal from office.

72. Sec. xv. The stated sessions of the district court for the district of Maryland, shall hereafter be holden in the city of Baltimore only; and in the district of Georgia, the stated sessions of the district court shall be held in the city of Savannah only. [Infra, as to the time.]

SEC. XVI. [Tennessee divided into two districts, see infra, 94.]

73. SEC. XIX. There shall be appointed, in and for each of the districts of East and West Tennessee, a marshal, whose duty it shall be to attend the district courts hereby established, and who shall have and exercise, within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to the marshal of the district of Tennessee, by a law passed the twenty-eighth day of February, one thousand seven hundred and ninety-nine, and shall receive the same compensation and emoluments, and, in all respects, be subject to the same regulations, as are now prescribed by law in respect to the marshals of the United States heretofore appointed. SEC. XX. There shall be appointed, for each of the districts of East and West Tennessee, a person learned in the law, to act as attorney for the United States within such district, which attorney shall take an oath or affirmation for the faithful performance of the duties of his office, and shall prosecute in such district, all delinquencies for crimes and offences, cognizable under the authority of the United States; and all civil actions or suits in which the United States shall be concerned; and shall be entitled to the same al

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