Act to be in force for two years, and to the end of the next feffion of Congrefs Infpection, offices of, to be established iii. 260 i. 305 Infpectors of furveys, for collecting duties on spirits, (fee Duties, Collection of.). of troops Intereft of the foreign debt provided for of domeftic debt iii. 339 i. 147 152 -of affumed debt, how to be computed and paid 160 Invalids, act. providing for the claims of, (fee Penfioners, } Invafion, how repreffed iii. 189 Invoices, original, to be produced by importers of goods to collectors -loft, how to proceed in cafes of, Iflues in fact, to be tried by jury J Journals to be kept by each Houfe of Congress i. 201 215 58 8 7 how to be rendered in cafe of forfeiture of bonds 65 when re-examinable Judges, how appointed (fee Judiciary,) -to hold their offices during good behavour -their falaries Judicial power, where vested -to what cafes to extend JUDICIARY OF THE UNITED STATES. Judicial power vefted in a fupreme court, and fuch inferior courts as Congrefs fhall establish. The judges to hold their offices during good behaviour, and to receive stated falaries Jurifdiction of courts, to extend to all cafes arifing under the conftitution and laws of the United States, and treaties to all cafes affecting public minifters-to all cafes of admiralty-to controverfies to which the United States fhall be a party-to controverfies between two or more ftates, or between a ftate and citizen of another ftate-between citizens of a different state, or of the fame ftate, claiming lands under grants of different ftates-between a ftate or the citizens thereof, and foreign ftates, citizens or fubjects 16 [Judiciary.] District Court. i. 47 The United States are divided into diftricts; each ftate conftitutes one diftrict, and Maine the easterly part of Maffachufets, is a district A diftrict court is established in each diftrict, in which there is to be one judge, who is to hold four feffions annually i. 48 The times and places of holding diftrict courts 48. 123. 126. 297. ii. 53. iii. 286. 318. 432 The diftrict judge has power to hold fpecial courts at his difcretion, but at places where the ftated courts are held i. 49 59 The records to be kept where the court is holden, unless holden at more than one place in a district; and then where the judge shall direct District courts may be adjourned to any day, prior to the next feffion by the marshal, by written order from the judge, in cafe of difability to attend 52 In cafe of vacancy by death, the whole bufinefs pending before the court, fhall be continued to the next term, after the appointment and acceptance of a fucceffor 52 "Diftrict courts may appoint clerks, who fhall alfo be clerks of the circuit courts; and who fhall be fworn and give bond for the faithful discharge of their trust 52 Judges of the diftrict courts hall take an oath of office 53 Jurifdiction of district courts 53, 54 District judges authorised to appoint commiffioners, to be appraisers of goods feized for breach of the revenue laws iii. 119 ii. 109 When a diftrict judge is interefted, or has been counsel, he fhall certify the caufe to the circuit court District courts in Kentucky, Maine and Termeffee, to have the fame jurifdiction as circuit courts, excepting in cafes of appeals and writs of error i. 54. iii. 378 District courts fhall take cognizance of captures, within the waters of the United States, or a marine league of the fhores Circuit Courts. iii. 91 United States divided into three circuits, called, the eaftern, the middle, and the fouthern circuits i. i: 50 Circuit courts to be holden by one of the juftices of fupreme court, and the diftrict judge, where the court fits, except in special cafes, when the fupreme court may direct the [Judiciary.] attendance of two of the juftices of said court; and when the district judge fhall be abfent, or not qualified to judge by reafon of intereft, fuch court may be holden by one judge of the fupreme court i. 50, ii. 225 In cafe of difference of opinion between the judges, the caufe fhall be continued; and if there be a fecond difference of opinion in the fame cafe, the prefiding judge shall decide ii. 226. Circuit courts have power to hold fpecial feflions for the trial of criminal caufes The fupreme court, or when that court fhall not be fitting, a juftice thereof, with a district judge, may direct fpecial feffions of the circuit court, to be holden for the trial of criminal cafes at any convenient place within the district near where the offences were committed ii. 226 i. 51 Terms of stated feffions, and places of holding circuit iii. 431 i. 52 Circuit courts may be adjourned, from day to day, by one of the judges; or if none are prefent, by the marshal, till a quorum fhall be convened But if no juftice of the fupreme court attends within four days of the time appointed by law, the district judge, or in his abfence, the marshal, may adjourn the court to the next ftated term iii. 67 Jurifdiction of the circuit court i. 55, 56 Suits in ftate courts against aliens or citizens of other ftates, in which the matter in dispute exceeds five hundred dollars, may be removed to the circuit court, upon giving fecurity; and any attachment fhall hold the eftate to refpond final judgment i. 56 In cafes of equity, and of admiralty and maritime jurif diction, circuit courts fhall caufe the facts on which they found their fentence or decree, to appear of record Supreme Court. 61 The fupreme court of the United States fhall confift of a chief-juftice, and five afsociate-juftices, four of whom fhall be a quorum, and who fhall hold two feffions annually at the feat of government i. 47 The fupreme court may be adjourned from day to day, by one or more of the justices prefent, till a quorum shall be convened 52 The fupreme court have power to appoint a clerk, who [Judiciary.] i. 52 fhall be fworn, and give bonds for the faithful discharge of his truft The juftices of fupreme court fhall take an oath of office 53 Jurifdiction of the fupreme court Supreme court may iffue writs of prohibition and mandamus in proper cafes 58 53 ii. 228 Writs of ne exeat and of injunction may be granted by a judge of the fupreme court, in cafes where the court may grant them The judges of the fupreme court may affign to each other, the circuits which they are refpectively to at tend ii. 53 The fupreme court fhall be attended by the marshal of the district only, in which it shall fit General Powers of Judicial Courts, iii. 122 59 59 Courts have power to iffue all writs neceflary for the exercife of their jurisdiction i. 58, 59 Juftices of the fupreme court, and judges of the district courts, may grant writs of habeas corpus, to enquire into the cause of commitment, but only in cafes where the prisoners are committed by authority of the United States, or are held for trial before fome court of the fame, or are neceffary to be brought into court to teftify Courts may compel parties to produce on trial books or writings in their poffeffion Courts may grant new trials, administer oaths, punish contempts, and establish necessary rules Courts may make rules for returning writs, filing declarations and other pleadings, and for regulating the practice of courts refpectively ii. 229 The laws of the several states shall be the rule of decision, in trials at common law in the courts of the U. States, in cafes where they apply, except where the conftitution, treaties, or ftatutes of the United States otherwife provides Abatement. бо i. 74 If there are two or more plaintiffs or defendants, and one die, the writ fhall not abate; but, if the action furvives, the furvivor may proceed with it i. 71 In case of the death of a party, the executor or admini [Judiciary.] trator, in cafe the action furvives, may defend or profecute i. 7 Writs fhall not abate, or judgments be reverfed for defects in point of form, excepting those which are ftated as cause of demurrer Amendment. 72 Courts may amend all imperfections and defects in point of form, other than those which are expreffed as cause of demurrer, and may permit the parties to amend any defect in the procefs or pleadings, on fuch conditions as they fhall prefcribe Appeal. 72 Appeal lies from final decrees in a diftrict court, in causes of admiralty and maritime jurifdiction, where the matter in difpute exceeds the fun of three hundred dollars, exclufive of cost, to the circuit court, excepting in the district of Maine, where an appeal lies to the circuit court, in Maffachusetts diftrict Arreft. 61 For crimes against the United States, the offender, by an! juftice or judge of the United States, or any of the ftates, may, in the ufual mode of procefs, in the ftate where found, be apprehended, imprisoned, or bailed for trial, before the court having cognizance of the offence 72 If the commitment fhall be in any district other than the one in which the cffender is to be tried, he may be removed by warrant from the judge of the diftri&t where he is imprisoned Attorney. 73 Attornies fhall be appointed for the United States in each district, and an Attorney-General i. 74 Parties may manage their own caufes, or employ fuch counsel or attornies, as, by the rules of the court, are admitted to practice therein Bail. 74 Bail fhall be admitted upon all arrests in criminal cafes, except where the punishment is death; in which cafes it fhall only be admitted by the fupreme or circuit-court; |
