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(ACT of March 3d, 1817.)

which the clerk of the Kentucky district is entitled for similar services.

SEC. 111. There shall be allowed to the judge of the said dis trict court the annual compensation of one thousand dollars, to commence from the date of his appointment, to be paid quarter yearly at the treasury of the United States.

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 by the United States two hundred dollars, as a full compensation for all extra services. SEC. v. A marshal shall be appointed for said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.

ACT of March 3d, 1817. Pamphlet edit. 282.

119. SEC. I. It shall be the duty of the judges of the circuit and district courts of the United States, within sixty days from and after the passing of this act, in all districts in which a branch of the bank of the United States, is, or shall be established to cause and direct all moneys remaining in said courts respectively, or being subject to the order thereof, to be deposited in such branch bank in the name and to the credit of the court, and a certificate thereof from the cashier of said bank, stating the amount and time of such deposit to be transmitted within twenty days thereafter to the secretary of the treasury; and in districts in which no such branch is or shall be established, such deposit shall be made in like manner, and within the same time in some incorporated state bank, and a certificate thereof in like manner, and within the said time as aforesaid transmitted to the secretary of the treasury.

SEC. 11. All moneys which shall hereafter be paid into said courts, or received by the officers thereof in cases pending therein, shall be immediately deposited in the branch bank within the district, if there be one, otherwise in some incorporated state bank within the district, in the name and to the credit of the court.

SEC. III. And, &c. That no money deposited as aforesaid shall be drawn from said banks, except by order of the judge or judges of said courts respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and certified of record by the clerk, and every such order shall state the cause in or on account of which it is drawn.

SEC. IV. If any clerk of such court or other officer thereof, having received any such moneys as aforesaid, shall refuse or neglect to obey the order of such court, for depositing the same as aforesaid, such clerk or other officer shall be forthwith proceeded against by attachment for contempt.

(ACT of April 3d, 1818.)

SEC. v. At each regular and stated session of said courts, the clerks thereof shall present an account to said court of all moneys remaining therein, or subject to the order thereof, stating particularly on account of what causes said moneys are deposited, which account and the vouchers thereof shall be filed in court. Provided nevertheless, That if in any district there shall be no branch of the bank of the United States, nor any incorporated state bank, the courts may direct such moneys to be deposited according to their discretion, as heretofore.

ACT of March 19th, 1818. Pamphlet edit. 38.

120. The terms of the district court for the district of Virgi nia, which are now directed by law to be holden on the twelfth day of April, in each year, shall hereafter be holden for the said district, on the second day of April, in each year, except where such day shall occur on Sunday, when the term of the said court shall commence and be holden on the next succeeding day. [Infra, 126, 129.]

ACT of April 3d, 1818.

Pamphlet edit. 44.

121. SEC. I. All the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the state of Mississippi, as elsewhere, within the United States.

SEC. II. The said state shall be one district, and be called the Mississippi district. And a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, two sessions annually, on the first Mondays in May and December, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act, entitled, " An act to establish the judicial courts of the United States." shall appoint a clerk for the said district, who shall reside and keep the records of the court at the place of holding the same; and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services.

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SEC. 111. There shall be allowed to the judge of the said district court the annual compensation of two thousand dollars, to commence from the date of his appointment, to be paid, quarter yearly, at the treasury of the United States.

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 by the United States two hundred dollars, as a full compensation for all extra

services.

(ACT of April 3d, 1818.)

SEC. V. A marshal shall be appointed 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, as are prescribed to marshals in other districts; and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.

ACT of April 3d, 1818. Pamphlet edit. 46.

The district court heretofore by law holden on the last day of May, in each year, at Portland, within and for the district of Maine, shall hereafter be holden at the same place on the first Tuesday in June in each year.

ACT of April 3d, 1818. Pamphlet edit. 47.

122. SEC. 1. From and after the passing of this act, the district court of the United States, for the northern district of New York, shall be holden by the judge of the said district, and in case of his inability on account of sickness, absence or otherwise, it shall be the duty of the judge of the southern district of New York, to hold the said court, in and for the said northern district, and to do and perform all other acts and duties of the judge of the said northern district, with the like power and authority, in all respects. And whenever such inability of the judge of the said northern district, to hold any term of the said court, shall exist, it shall be his duty to give previous timely notice thereof to the judge of the said southern district.

SEC. II. There shall be held in each year, three terms of the district court for the northern district of New York, to wit: at the city of Albany, on the second Tuesday of May, and on the second Tuesday of November; and at the village of Utica, in the county of Oneida, on the third Tuesday of May. And all suits and proceedings in the said court shall be revived, and shall continue in full force, in the same manner as if the said court had been regularly held according to law, and had been adjourned to the term next to be holden, by virtue of this act. And all process already issued, or which may be issued out of the said court, before the passing of this act, shall be held and deemed returnable to the next term thereof, to be holden by virtue of this act. And it shall be at the discretion of the judge of the said northern district of New York, or in case of his inability, of the judge of the said southern district, to apppoint and hold a court or courts at any other time or place, than those before mentioned, within and for the said northern district, as the business herein may require.

SEC. III. The said northern district of the state of New York shall be, and the same is hereby, enlarged, so as to include the counties of Albany, Rensselaer, Schenectady, Schoharie, and Delaware, in the said state.

(ACT of April 20th, 1818.)

SEC. IV. All proceedings hitherto had in the district courts of the United States, either for the northern, or for the southern district of New York, in any suit at common law, or in any civil cause of admiralty and maritime jurisdiction, in continuation of any such suit or cause which had been instituted in the former district court of the United States for the district of New York, be, and the same hereby are declared, as valid and effectual as if the same suit or cause had been originally instituted in the district court in which such proceedings have been had.

SEC. V. The jurisdiction of every suit or cause, either at common law, or of maritime and admiralty jurisdiction, whether the same hath or hath not been instituted in the district court of the former district of New York, wherein the cause shall have arisen, or the seizure shall have been made within the limits of the northern district of New York, as prescribed by this act, and which hath not been proceeded in to final judgment or decree, shall be vested in the district court for the northern district of New York; and all pleadings, libels, claims, evidences, and papers, whatsoever that may have been filed, and all moneys which may have been paid, or deposited in the office of the clerk of the former district of New York, or of the clerk of the southern district of New York, in every such such suit or cause shall be transferred to, and filed and deposited in the office of the clerk of the northern district of New York. And the said district court for the northern district of New York shall have as full power to hear, try, and determine the said suit and causes, and to proceed therein to final judgment and decree as the district court for the district of New York had by law. And the jurisdiction of all suits or causes, whether at common law or of admiralty and maritime jurisdiction, whether the same hath or hath not been instituted in the district court for the former district of New York, wherein the cause of action shall have arisen, or the seizure shall have been made within the limits of the southern district of New York, and which have not been proceeded in to final judgment or decree, shall be vested in the district court for the said southern district of New York, and the said court shall have as full power to hear, try, and determine the said suits and causes as the district court for the district of New York had by law.

123. SEC. VI. The original jurisdiction of the circuit court of the southern district of New York, shall be confined to causes arising within the said district, and shall not be construed to extend to causes of action arising within the northern district of New York.

ACT of April 20th, 1818. Pamphlet edit. 139.

124. SEC. VII. The district courts shall take cognizance of complaints by whomsoever instituted, in cases of captures made with

(ACT of April 20th, 1818.)

in the waters of the United States, or within a marine league of the coasts or shores thereof. [Infra, 127.]

ACT of April 20th, 1818. Pamphlet edit. 142.

An act to divide the state of Pennsylvania into two judicial districts. 125. SEC. I. The state of Pennsylvania is hereby divided into two districts, in manner following, to wit: the counties of Fayette, Greene, Washington, Alleghany, Westmoreland, Somerset, Bedford, Huntingdon, Centre, Mifflin, Clearfield, M Kean, Potter, Jefferson, Cambria, Indiana, Armstrong, Butler, Beaver, Mercer, Crawford, Venango, Erie, and Warren, shall compose one district, to be called the western district; and the residue of the said state shall compose another district to be called the eastern district, and the terms of the district court for the said eastern district shall be held in the city of Philadelphia at the several times they are now directed to be held in said district of Pennsylvania; and the terms of the district court for the western district, shall commence and be held in the city of Pittsburgh on the first Mondays of the months of June and December in each and every year, and be continued and adjourned from time to time, as the court may deem expedient for the despatch of the business thereof. [Infra. 132.]

SEC. II. Richard Peters, now judge of the district court of Pennsylvania, is hereby assigned as the judge to hold the courts in the eastern district, and to do all things appertaining to the office of a district judge, under the constitution and laws of the United States.

SEC. III. The president of the United States is hereby authorized and directed, by and with the advice and consent of the senate, to appoint a district judge for the said western district of Pennsylvania, which judge, when appointed, shall receive a salary of one thousand six hundred dollars per annum, to be paid in the same manner as the salary of the judge of the eastern district of said state, and he shall also do and perform all such duties as are enjoined on, or in anywise appertaining to, a district judge of the United States.

SEC. IV. The circuit court of the United States shall be held, for the eastern district of Pennsylvania, at the city of Philadelphia, at the times, and in the manner, now directed by law to be held for the district of Pennsylvania; and the district court for the said western district, in addition to the ordinary jurisdiction, and powers of a district court, shall, within the limits of said western district, 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 the circuit court.

SEC. V. The president of the United States, by and with the advice and consent of the senate, hereby is authorized to appoint

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