(ACT of February 13th, 1807.)

said right of action shall have accrued, and not afterwards; saving nevertheless the rights of infants, feme coverts, and persons non compos mentis, so that they sue within three years after their disabilities are removed.

ACT of April 18th, 1806. 4 Bioren, 70.

SEC. 1. The provisions of the act entitled "An act for providing compensation for the marshals, clerks, attorneys, jurors, and witnesses in the courts of the United States, and to repeal certain parts of the acts therein mentioned and for other purposes," passed February the twenty-eighth, one thousand seven hundred and ninety-nine, are hereby extended to the territories of the United States, so far as the said act may relate to the provisions of the act entitled, "An act to extend jurisdiction in certain cases to the territorial courts," passed March the third, one thousand eight hundred and five; excepting that the clerks of the said territorial courts, shall not receive the additional five dollars per day, allowed to the clerks of the circuit and district courts by the third section of the act first above mentioned.

ACT of February 4th, 1807. 4 Bioren, 77.

88. SEC. I. Instead of the times heretofore established by law, for the sessions of the circuit court for the district of North Carolina, the said courts shall hereafter commence and be holden on the twelfth day of May, and the twelfth day of November, in each year, any thing contained in any former act or acts to the contrary notwithstanding. And all actions, suits, process, pleadings, and other proceedings of what nature or kind soever, civil or criminal, commenced or to commence in the said court, and all recognisances returnable to the said court, on the twentieth day of June next, shall be continued, returned to, and have day in, the session to be holden by this act, and the same proceedings shall be had thereon as heretofore, and shall have all the effect, power, and virtue, as if the alteration had never been made: Provided nevertheless, That when the twelfth day of May, or the twelfth day of November, shall happen on Sunday, the next succeeding day shall be the first juridical day of the term.

ACT of February 13th, 1807. 4 Bioren, 86,

An act to extend the power of granting writs of injunctions to the judges of the district courts of the United States.

SEC. 1. That from and after the passage of this act, the judges of the district courts of the United States, shall have as full power to grant writs of injunctions, to operate within their respective districts, as is now exercised by any of the judges of the supreme court of the United States, under the same rules, regulations

(ACT of February 24th, 1807.)

and restrictions, as are prescribed by the several acts of congress establishing the judiciary of the United States, any law to the contrary notwithstanding:

Provided, That the same shall not, unless so ordered by the circuit court, continue longer than to the circuit court then next ensuing; nor shall an injunction be issued by a district judge in any case where the party has had a reasonable time to apply to the circuit court for the writ. [Infra, 124.]

ACT of February 24th, 1807. 4 Bioren, 88.

89. SEC. I. So much of any act or acts of congress as vests in the district courts of the United States, in the districts of Kentucky, East and West Tennesssee, and Ohio, the powers, authority, and jurisdiction, of the circuit courts of the United States, is hereby repealed.

SEC. II. For the purpose of holding therein the circuit courts, to be established by this act, the state of Kentucky shall constitute one district, the state of Tennessee one district, and the state of Ohio one district; and the said districts of Kentucky, Tennessee, and Ohio, shall constitute and be denominated the seventh circuit. And there shall be holden, annually, in each district of the said circuit, two courts, to be called circuit courts, and to consist of one justice of the supreme court of the United States, and the judge of the district where such court shall be holden. And the sessions of the said courts, in the district of Kentucky, shall be held at Frankfort, and commence on the first Monday in May and November, annually; in the district of Tennessee; at Knoxville, and Nashville, alternately, to commence on the first Monday in June, and third Monday in October, annually, beginning at Nashville; and in the district of Ohio, at Chilicothe, to commence on the first Monday in January and September, annually. And the circuit court of Tennessee shall designate at which of the two places, where the said court is hereby directed to be holden, the office of clerk thereof shall be kept. [Infra, 94, 102, 130.]

SEC. III. All the authority, powers, and jurisdiction, vested in the several circuit courts of the United States, or the judges thereof, or either of them, shall be, and hereby are, vested in, and may be exercised by, the several circuit courts of the seventh circuit, and the judges thereof: And the said circuit courts of the seventh circuit shall be governed by the same laws and regulations as apply to the other circuit courts of the United States, and shall appoint clerks for the said courts, respectively, who shall reside, and keep the records of the said courts, at the places of holding the courts, whereto they shall respectively belong, except as hereinbefore provided, and shall perform the same duties, and be entitled to, and receive, the same emoluments and fees, respectively,

(ACT of March 9th, 1808.)

which are by law established for the clerks of the other circuit courts of the United States.

90. SEC. IV. The state of Tennessee shall be divided into two districts, for the purpose of holding district courts in the same, one to consist of that part thereof which, by the laws of the said state, now forms the districts of Washington and Hamilton, which shall be called the district of East Tennessee; and one other, to consist of all that part of the state of Tennessee which, by the laws of the said state, now forms the districts of Winchester, Mero, and Robertson, which shall be called the district of West Tennessee. And all the authority, powers, and jurisdiction, vested in the several district courts of the United States, and the judges thereof, in those districts in which circuit courts are now held, shall be retained, and may be exercised, by the several district courts of Kentucky, East and West Tennessee, and Ohio, and the several judges thereof. And the sessions of the said district courts shall, after the first day of May next, be as follows: in Kentucky, at Frankfort, two sessions, to commence on the first Mondays in June and December, annually; in East Tennessee, at Knoxville, two sessions, to commence on the third Monday in April, and second Monday in October, annually; and at Nashville, two sessions, to commence on the fourth Mondays in May and November, annually; and in Ohio, at Chilicothe, three sessions, to commence on the first Mondays in February, June, and October, annually. And all actions, causes, pleas, process, and other ceedings, relative to any cause, civil or criminal, which shall have been issued, and shall be returnable to, or depending in, the said several district courts of the United States, acting as district courts, on the said first day of May next, shall be returned and held continued to the said several district courts, respectively, at the times hereinbefore appointed for holding the same.

pro

[Infra, 94, 96, 102, 130.]

91. SEC. V. The supreme court of the United States shall hereafter consist of a chief justice and six associate justices, any law to the contrary notwithstanding. And, for this purpose, there shall be appointed a sixth associate justice, to reside in the seventh circuit, whose duty it shall be, until he is otherwise allotted, to attend the circuit courts of the said seventh circuit, and the supreme court of the United States, and who shall take the same oath, and be entitled to the same salary, as are required of, and provided for, the other associate justices of the United States.

ACT of March 9th, 1808. 4 Bioren, 148.

92. SEC. I. The circuit court of the United States, in the second circuit, shall consist of the justice of the supreme court residing within said circuit, and the district judge of the district in which such court may be holden.

(ACT of March 22d, 1808.)

93. SEC. II. Within the district of Georgia, the circuit court to be holden in the month of December, annually, shall hereafter be holden at Milledgeville, instead of Louisville.

ACT of March 22d, 1808. 4 Bioren, 156.

94. SEC. I. So much of the second section of the act, entitled "An act establishing circuit courts, and abridging the jurisdiction of the district courts of the districts of Kentucky, Tennessee, and Ohio," passed the twenty-fourth day of February eighteen hundred and seven, constituting the state of Tennessee one district, for the purpose of holding circuit courts therein, shall be, and is hereby, repealed; and, from and after the passage of this act, the state of Tennessee shall be divided into two districts, for the pur pose of holding circuit courts therein; and the limits of the said districts shall be the same as those now prescribed for the districts of East and West Tennessee, in and by the fourth section of the above recited act; and there shall be holden annually in each of the said two districts, one circuit court, to consist of one justice of the supreme court of the United States and the district judge of the said districts of East and West Tennessee: and the sessions of the said courts shall be held in each of the said districts at Nashville, on the second Monday in June, and at Knoxville, on the third Monday in October, annually. [Infra, 102.]

SEC. II. Where any suit or suits has or have been brought, or is or are now pending, before the circuit court held at Knoxville, in and for the district of East Tennessee, against a person residing in said district of East Tennessee, such suit or suits shall be proceeded upon, and finally determined, in the district of East Tennessee; and where any suit or suits has or have been brought, or is or are now pending, before the circuit court held at Nashville, in and for the district of West Tennessee, against a person residing in the said district of West Tennessee, such suit or suits shall be proceeded upon and finally determined in the district of West Tennessee.

SEC. III. It shall be the duty of the district judge of Tennessee to attend at Knoxville, on the first Thursday after the third Monday in April next, and on the first Thursday after the third Monday in April of each and every year thereafter, and at Nashville on the first Thursday after the fourth Monday in November next, and on the first Thursday after the fourth Monday in November of 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 circuit court next to be holden thereafter at Knoxville, and Nashville, or depending therein, preparatory to the hearing, trial, or decision, of such action, suit, appeal, writ of error, process, pleadings, or proceedings; and all writs and process may be returnable

(ACT of March 2d, 1809.)

to the said courts on the first Thursday after the third Monday in April, at Knoxville, and on the first Thursday after the fourth Monday in November, at Nashville, in the same manner as to the sessions of the circuit court, directed to be held by this act in the district of East Tennessee, at Knoxville, and in the district of West Tennessee, at Nashville; and the said writs, returnable to the circuit courts to be held at Knoxville, may also bear teste on the said first Thursday after the third Monday in April; and the writs returnable to the circuit court to be held at Nashville, may bear teste on the first Thursday after the fourth Monday in November, as though a session of the said circuit court was holden on those days at Knoxville and Nashville, respectively.

SEC. IV. There shall be two clerks appointed, one for the circuit court to be held at Knoxville, and one for the circuit court to be held at Nashville, whose duty it shall be to attend the said district judge on the said first Thursday after the third Monday in April, and on the said first Thursday after the fourth Monday in November, of each and every year, at the places aforesaid, who shall make due entry of all such matters and things as shall or may be ordered by the said judge; and, at each and every of the said session, so held for the purpose aforesaid, all actions, pleas, and other proceedings, relative to any cause, civil or criminal, shall, for the circuit court to be held at Nashville, be continued over to the ensuing second Monday in June; and shall, for the circuit court to be held at Knoxville, be continued over to the ensuing third Monday in October.

ACT of April 21st, 1808. 4 Bioren, 168.

95. SEC. 11. The several provisions of the act, entitled "An act to extend jurisdiction in certain cases to state judges and state are hereby extended to the respective county courts within, or next adjoining, the revenue districts in the state of Ohio, on lake Erie, and to the district attorney of the United States for the district of Ohio. [Supra, 86.]

ACT of February 4th, 1809. 4 Bioren, 200.

96.SEC. II. The next session of the district court of the United States for the district of Kentucky, shall be holden on the second Monday in May next, and that the session of the said court heretofore holden on the first Monday in June, annually, shall thereafter be holden, annually, on the second Monday in May.

ACT of March 2d, 1809. 4 Bioren, 219.

97. SEC. 1. In case of the disability of the district judge of either of the districts of the United States to hold a district court, and to perform the duties of his office, and satisfactory evidence