페이지 이미지
PDF
ePub

Of the

marhals.

Allowance

And for engroffing the fame, if on parch ment, including the parchment, twenty cents; And if on paper, for each fheet of ninety words, ten cents;

Swearing each witness in court, ten cents; For every entry or writing not mentioned or described, fuch allowance fhall be taxed, as for fimilar fervices herein mentioned.

All money depofited in court, one and a quarter per cent.

Sec.

3. Fees of the marshal in the district court, in admiralty and maritime caufes.

For fummoning every witnefs or appraiser, fifteen cents;

Making each proclamation, fifteen cents; Serving every capias, attachment or fummons, one dollar and fifty cents;

Travelling each mile, going only, either to ferve procefs, or fubpoena witneffes, ten cents; Custody fees of a vessel, for each day, one dollar and fifty cents :

Sales, for any fum under five hundred dollars, two and an half per cent; and for any larger fum, one and a quarter per cent, upon

the excefs.

Sec. 4. And be it further enacted, That to attend there be allowed and taxed in the fupreme, ants on fu- circuit and diftrict courts of the United States, euit or dif. in favour of the parties obtaining judgments trict courts therein, fuch compenfation for their travel afcertained, and attendance, and for attornies and coun

preme, cir.

how to be

fellors' fees, except in the district courts in cafes of admiralty and maritime jurisdiction, as are allowed in the fupreme or fuperior courts of the respective states.

Sec. 5. And be it further enacted, That Limitation this act fhall continue and be in force for the of this act. term of one year, and from thence until the end of the next feffion of Congress thereafter, and no longer.

JONATHAN TRUMBULL, Speaker
of the House of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.

APPROVED, March first, 1793:

GEORGE WASHINGTON,

[ocr errors]

Prefident of the United States.

CHAPTER

XXI.

An Act making an Appropriation to defray the
Expenfe of a Treaty with the Indians North-
Weft of the Ohio.

(EXPIRED.)

CHAPTER XXII.

An Act in addition to the Act, intitled, " An Act to establish the Judicial Courts of the United States."

Sect. I.

·B'

preme

E it enacted by the Senate and House of Reprefentatives of the United Attendance States of America, in Congress affembled, That of one futhe attendance of only one of the juftices of judge at a the fupreme court, at the several circuit courts circuit of the United States, to be hereafter held, cd fufficient VOL. II.

F 2

court deem

fhall be fufficient, any law requiring the attendance of two of the faid juftices notwithexcept in ftanding: Provided, That it fhall be lawful certain ca- for the fupreme court, in cafes where fpecial

fcs.

Kule for giving

circuit

courts in

certain cafas.

circumftances fhall, in their judgment, render the fame neceffary, to affign two of the said juftices to attend the circuit court or courts, and it fhall be the duty of the juftices fo affigned, to attend accordingly. And provided alfo, That when only one judge of the fupreme court fhall attend any circuit court, and the diftrict judge fhall be abfent, or fhall have been of counfel, or be concerned in intereft in any cause, then pending, fuch circuit court may confift of the faid judge of the fupreme court alone.

Sec. 2. And be it further enacted, That if at any time only one judge of the fupreme court, judgment and the judge of the district fhall fit in a circuit court, and upon a final hearing of a caufe, or of a plea to the jurifdiction of the court, they fhall be divided in opinion, it fhall be continued to the fucceeding court and if upon the second hearing when a different judge of the fupreme court shall be prefent, a like divifion fhall take place, the district judge adhering to his former opinion, judgment fhall be rendered in conformity to the opinion of the prefiding judge.

Judges of

dire& fpe

;

Sec. 3. And be it further enacted, That fupreme the fupreme court, or when the fupreme court court may fhall not be fitting, any one of the juftices cial feffions thereof, together with the judge of the district of circuit within which a fpecial feffion, as hereafter autrial of cri- thorized, fhall be holden, may direct fpecial minal cau- feffions of the circuit courts to be holden for the trial of criminal caufes, at any convenient

courts for

Les:

place within the district, nearer to the place where the offences may be faid to be committed, than the place or places, appointed by law for the ordinary feffions: That the clerk duty of of fuch circuit court fhall, at leaft thirty days clerk in before the commencement of fuch special fef- fuch cafes, fion, cause the time and place for holding the fame, to be notified for at least three weeks fucceffively, in one or more of the news-papers published reft to the place where the feffion is to be holden: That all process, writs and recognizances of every kind, whether refpecting juries, witneffes, bail or otherwife, which relate to the cafes to be tried at the faid fpecial feffions, fhall be confidered as belonging to fuch feffions, in the fame manner as if they had been iffued or taken in reference. thereto That any special feffion may be adjourned to any time or times previous to the fuch feflinext stated meeting of the circuit court: That ons may be adjourned. all business depending for trial at any special court, fhall at the close thereof be confidered as of course removed to the next ftated term of the circuit court: And that the district courts of Maine and Kentucky, fhall have like Privileges power to hold fpecial feffions for the trial of granted to criminal caufes, as hath been heretofore given, courts of or is hereby given to the circuit courts, fub- Maine and ject to the like regulations and restrictions.

diftrict

Kentucky.

by whom

Sec. 4. And be it further enacted, That bail Bail for ap for appearance in any court of the United pearance States, in any criminal caufe in which bail is taken. by law allowed, may be taken by any judge of the United States, any chancellor, judge of a fupreme or fuperior court, or chief or firft judge of a court of common pleas of any ftate, or mayor of a city in either of them, and by

And writs by whom

of ne exeat

& when granted.

Subpoenas for witneff

es how far

to extend.

any perfon having authority from a circuit court, or the diftrict courts of Maine or Kentucky to take bail; which authority, revocable at the difcretion of fuch court, any circuit court or either of the diftrict courts of Maine or Kentucky, may give to one or more difcreet perfons, learned in the law, in any district for which fuch court is holden, where, from the extent of the diftrict, and remotenefs of its parts from the ufual refidee of any of the before-named officers, fuch provision fhall, in the opinion of the court, be neceffary. Provided, That nothing herein fhall be conftrued to extend to taking bail in any cafe where the punishment for the offence may be death; nor to abridge any power heretofore given by the laws of the United States, to any defcription of perfons to take bail.

Sec. 5. And be it further enacted, That writs of ne exeat and of injunction may be granted by any judge of the fupreme court in cafes where they might be granted by the fupreme or a circuit court; but no writ of ne exeat fhall be granted unless a fuit in equity be commenced, and fatisfactory proof fhall be made to the court or judge granting the fame, that the defendant defigns quickly to depart from the United States; nor fhall a writ of injunction be granted to ftay proceedings in any court of a state; nor fhall fuch writ be granted in any cafe without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the fame.

Sec. 6. And be it further enacted, That fubpœnas for witneffes who may be required to attend a court of the United States in diftrict thereof, may run into any other dif trict: Provided, That in civil causes, the wit

any

« 이전계속 »