to hold court, pro- pleadings and proceedings, of what nature soever, pending before the said court, shall be continued, of course. cess, etc., to be conL.nued. Marshal and clerks to be appointed. Oath or affirmation. SEC. 4. There shall be a marshal and one or more clerks appointed for each court-the marshal by the President of the Confederate States, and the clerks by the judge of said court-and said clerks shall not be connected with the said judge by blood or marriage, who Subject to removal. shall hold their offices during the provisional government, subject to removal by the said judge. They shall each take the oath or affirmation prescribed in the constitution, and for the faithful discharge of the duties of their respective offices. They shall each give bond with sureties, to be approved by the judge, for the faithful discharge of their respective duties, in the penalty and for the amount which may be prescribed by the judge; but that of the marshal in no instance shall be less than twenty thousand dollars. The marshal may appoint as many deputies as may be necessary, for whose acts he and his sureties shall be bound as for his own. Bond and sureties. Deputy marshals. Duties of marshals, SEC. 5. It shall be the duty of the marshal to attend the court when and their deputies. sitting in his district; and the marshal of the district in which the Supreme Court shall be held, shall attend the sessions of said court. He shall, by himself or his deputy, execute throughout his district all lawful precepts directed to him and issued under the authority of the Confederate States, and he shall have power to command a posse comitatus in the execution of his duty. Posse comitatus. How process to be directed where mar. & party. In case of death, ⚫ffice. judged a breach of marshal's bond. for or administrator SEC. 6. And be it further enacted, That in all cases in which the shal or his deputy is marshal or his deputy shall be a party, the writs and precepts therein shall be directed to some disinterested person, to be appointed by the court or judge thereof, and such person is hereby authorised to exeet, of marshal, his cute and return the same. And in case of the death, resignation or deputy to continue in removal of any marshal, his deputy or deputies shall continue in office, unless otherwise removed, and shall execute the same in the name of the deceased, resigned or removed marshal, until another marMisfeasance in of shal shall be appointed and qualified; and the defaults or misfeasances Ace of deputy, ad in office of such deputy or deputies, in the meantime, as well as before, shall be adjudged a breach of the condition of the bond given as before directed, by the marshal who appointed them, and the executor or administrator of the deceased marshal shall have Remedy of execu- like remedy for the defaults and misfeasances in office of such of deceased marshal, deputy or deputies, during such interval, as the marshal against his deputy for would be entitled to if he had continued in life, or in office, and in the exercise of his said office, until his successor was appointed and qualified; and every marshal or deputy, when removed from office, or puty to execute pro- When the term for which the marshal is appointed shall expire, shall cess, et, till next have power, notwithstanding, to execute all such precepts and process his removal or the as may be in their hand [s] respectively at the time of such removal or expiration of office, until the next term of the court; and the marshal shall be held answerable for the delivery to his successor of all prisonhal for prisoners in ers which may be in his custody at the time of his removal or resig nation, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs; or he may deliver his prisoners to the keeper of one of the jails of the state in which he is marshal, in cases where by law of such state it is made the duty of jailors to receive them. misfeasance in office. Marshal or his de term of court after expiration of his term of office. Liability of mar his custody. Writs and process. SEC. 7. All writs and process, either mesne or final, which shall issue from the Supreme Court, shall bear test in the name of either of Seals of the courts. the judges thereof; and all issued from the district court shall bear test of the judge of such court, and shall be under the seal of the court from whence they issue, and be signed by the clerk thereof. The seals of the Supreme and district courts to be provided by the respective judges of the same. holding District Courts. required to hold his SEC. 8. The judge of each district shall appoint the times and places Tine and place of of holding the courts in his district, and where, under the laws of the United States, his state was divided into two or more districts, he shall ahnually hold not less than two terms of his court in each of these When District districts, as they existed on the first day of November, 1860. But in Judge of Louisiana Louisiana he shall only be required to hold his court out of New Or- court out of New Orleans at such time or times as he may consider the public interest requires him to do, and the counties, districts or parishes which constitute the divisions of his district, shall be the same as those which constituted the districts under the laws aforesaid. leans. SEC. 9. The said judges, before they proceed to execute the duties Oath of Judges. of their respective offices, shall take the oath or affirmation prescribed in the constitution, and shall also swear or affirm to administer justice, without respect to persons, and to do equal right to the poor and to the rich, and faithfully and impartially to perform and discharge all the duties of his office, agreeably to the constitution and laws of the Confederate States, to the best of his ability. SEC. 10. The district courts shall have jurisdiction, concurrent with the courts of the several states, of all civil suits at common law or in equity where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars, and where the character of the parties is such, as by the constitution to authorise said court to entertain jurisdiction. But no person shall be arrested or summoned in any such suit in one division of district for trial in another; and no civil suit shall be brought before any of said courts against an inhabitant of the Confederate States by any original process in any other district than that of which he is an inhabitant, nor shall any district court have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee or transferee, unless a suit might have been prosecuted in such court to recover such contents if no assignment or transfer had been made, except in cases of foreign bills of exchange. SEC. 11. Upon joint bills, bonds, notes or obligations, suits may be brought against any one or more of the parties, except that separate suits shall not be brought against joint parties thereto residing in the same district; and when several actions shall be brought against persons who might be legally joined in one action, the plaintiff, if judgment be given in his favor, shall not recover the costs of more than one action. Jurisdiction of District Courts. fults upon joint bills, bonds, notes of obligations. SEC. 12. Suits in equity shall not be sustained in any of the courts Suits in Equity. of the Confederate States in any case where plain, adequate remedy may be had at law. And in any state in which there is or may be no separate court of equity, the district court shall administer and decide on matters of equity according to the course of practice in the courts of such state. SEC. 13. The laws of the several states, except where the constitution, treaties or statutes of the Confederate States shall otherwise require or provide, shall be regarded as rules of decision in the courts of the Confederate States, in cases where they apply. And where the decision of the highest court in a state has become a rule of property, the same shall be adopted as a rule in the courts of the Confederate States, in cases in which the laws of such state apply. Laws of the several States to be the rule of decision of the courts of the C. S. Rule of property. Forms of process. SEC. 14. Except the style, the forms of writs and executions and other process, and the forms and modes of proceeding in the progress and the modes of uits at law and in equity. proceeding in the and trial of suits, and in enforcing the judgments in the district courts progress and trial of of the Confederate States in cases at law, shall be the same in each of said states, respectively, as are now in use in the highest court of original general jurisdiction of the same; and in proceeding in equity, according to the principles, laws and rules which govern courts of equity in such state. And whenever any state shall, by law, change such forms or modes of proceeding in its own courts, such change shall be applicable to the forms and modes of proceeding in the said district courts held in such state, unless Congress shall otherwise pro vide by law. And the said district courts shall likewise have power to grant new trials. New trials. Costs and fees of in the District Courts. Mileage. SEC. 15. The costs and fees of clerks and marshals in the said disclerks and marshals trict courts shall be the same in all cases, both civil and criminal, as are allowed by the law of the state in which such court is held, for similar services, to the officers of such state in the highest court of original jurisdiction therein, except that the marshal shall be entitled to mileage at the rate of five cents per mile for the service of process on persons residing out of the county, district or parish in which the court is holden, such mileage to be computed for the distance actually travelled in the service of such process, upon the most direct route, computed from the place of holding such court; and if there be more than one defendant in the same case in one county, but one charge for mileage shall be made. Writs of injunction, beas corpus. SEC. 16. Both the district and supreme courts, and the judges therescire facias and ha of, out of term, shall have power to issue writs of injunction, scire facias and habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their re spective jurisdictions, and agreeable to the principles and usages of law: Provided, That writs of habeas corpus shall, in no case, extend to prisoners, unless when they are in custody under or by virtue of the authority of the Confederate States. Depositions of wit Desses. SEC. 17. The rules for taking the deposition of any witnesses in a nesses in cases at law. case at law, whose attendance cannot be procured, shall be the same as are in force by law in the highest court of original jurisdiction in the state in which such depositions are to be used; and they shall be read in evidence upon the trial of the cause, subject to all legal exceptions to which they would be liable in the said court of the state. No witness, under any circumstances, shall be compelled to attend a Attendance of wit court in a civil cause in any other district or division than that in which he resides; and where his attendance cannot be procured, his deposition may be taken. In suits in equity, depositions shall be taken under a commission issued under the seal of the court, in the same manner and under the same rules and regulations in and by which depositions nesses in suits in equi- may be taken in the highest court of original equity jurisdiction in the state in which such depositions are to be used, and when so taken they shall be read upon the hearing of the cause, if subject to no legal exception; and the said district courts may, also, on application thereto Perpetuating testi- as a court of equity, direct depositions to be taken to perpetuate testimony relating to matters cognizable in any court of the Confederate States, such depositions to be taken according to the law and practice. Proviso as to depo- in the state in which the order is made: Provided, That in Louisiana and Texas depositions may in all cases be taken according to the laws regulating the practice of the highest courts of original jurisdiction in these states. ty. Depositions of wit mony. sitions taken in Louisiana and Texas. Judges of District SEC. 18. The judges of the several district courts may, each for his Courts may appoint own district appoint as many commissioners as he may deem necessary, to administer oaths and take acknowledgements of deeds or other commissioners; their duties. falsely papers, and take depositions, which acts of such commissioner shall have the same force and effect in all the Confederate States and the courts thereof as if done by a judge of such court. And any person Swearing swearing falsely in any oath or matter before such commissioner, shall, before commissioner. upon conviction, be liable to the same punishment, as if the oath had been made before such judge. And the same fees shall be allowed Fees allowed comsuch commissioner as are allowed for similar services by the laws of the state in which they are performed. All the powers and authority Notary public may conferred on commissioners in and by the preceding clause, are hereby exercise authority vested in, and may be exercised by, any legally appointed notary pub- ers. lic in any of the Confederate States. missioners. vested in commission heard in person or by counsel. Lien of judgments SEC. 19. In all the courts of the Confederate States the parties shall Parties may be have the right to be heard either by themselves or counsel. SEC. 20. Where judgments are a mortgage or lien upon the property of the defendant in any of the states, they shall have the same effect or and executions. lien when rendered in one of the district courts of the Confederate States, as if rendered in a state court, and be subject to the same rules as to enrolment or recording of judgments or abstracts of judgments. And the lien of executions shall be the same as in the courts of the Conflict between levies of process from state where such district court sits. "But in all cases of conflict he- the tate and Federal courts; the first levy tween levies of process from the state and federal courts, the first levy to have priority. shall have priority." oral testimony and SEC. 21. The mode of proof by oral testimony and examination of Mode of proof by witnesses in open court in trials at law shall be the same in the said examination of witdistrict courts as in the court of the highest original jurisdiction in the nesses. State in which such trial takes place; and the compensation of wit-Compensation of nesses shall likewise be the same. The rules to determine the com- Competency of witpetency of witnesses shall also be the same. witnesses. nesses, how deter- Suggestion of death on the record. When representative if deceased may be made a party. SEC. 22. In any suit depending in any of the courts of the Confederate States, if either of the parties should die and the cause of action should survive, such suit may be revived in the same manner as in similar cases in the courts of highest original jurisdiction in the State in which the cause is pending; and when there are two or more plaintiffs and defendants, and one or more of them should die, the suits shall not be thereby abated, but such death being suggested on the record, the suit may then proceed in the name of the survivor or survivors; or where the law of any State permits the representative of the deceased to be joined in such suit, the same may be done in the district court; or if the cause should be pending in the Supreme Court, then it may be revived by scire facias against the executor or administrator, issued from the office of the clerk of such court, re- clas. turnable to the next term thereof, and duly served by the marshal twenty days before the sitting of such court. SEC. 23. The said district court shall have power in the trial of When district court actions at law, on motion and due notice thereof, to require the parties tion of books or writo produce books or writings in their possession or power which contain tings as evidence. evidence pertinent to the issue; and if the plaintiff shall fail to com- Judgment in case ply with such order, judgment of non-suit may be given against him; of failure to comply and if the defendant shall so fail, then judgment by default may be with the requisition. rendered against him. SEC. 24. The courts of the Confederate States shall have power to inflict punishment for contempts of court; but such power shall not be construed to extend to any cases except misbehavior in the presence of the court, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said court in their official transactions, and the disobedience, resistance or obstruction, by any person whatsoever, of the process, order, rule, decree or command Revival by scire fa may require produc Contempts of court. How punished Jurors; their qual tions. of said courts; but such punishment shall not exceed the imposition of a fine of one hundred dollars and imprisonment during the term of the court. SEC. 25. Jurors, in all cases, to serve in the courts of the Confedeifications and exemp-rate States, shall have the like qualifications, and be entitled to the like exemptions, as jurors in the highest court of original jurisdiction of the state in which the district court is held, and shall be selected by lot or otherwise, according to the form and mode of forming such juries in the courts of the state, in so far as such mode may be practicable, and for this purpose, the district courts shall have power to make all rules and regulations necessary to conform to the selection and empanelling of juries to the laws of the state, so as to secure an impartial trial, without needless expense, and without undue burden to the be summoned of the citizens of any part of the district. And when, from any cause, there shall not be a jury to determine any criminal or civil case, the court may direct a jury to be summoned of the bystanders to complete the panel. And it shall be the duty of the judge, thirty days before the Judge to direct the holding of the first court in his district, under this law, to direct the summoning of jurors. marshal in what manner, and to what extent, to summons jurors for such Compensation and Court. The compensation to jurors, in both civil and criminal cases, shall When jury may bystanders. marshal as to the tulleage of jurors. Amount recovera be the same as is allowed to jurors in courts of the highest original jurisdiction in the state in which such court is eld; and if in such state court there be no allowance for mileage, the jurors shall be allowed five cents per mile for travelling from their respective places of abode to the places where the court is holden, and the same for returning. SEC. 26. In all suits on bonds, agreements, or specialities for penalble in suits on bonds, ties or breach of covenant, the amount recovered by the default or etc., for penalties or confession of the defendant, or upon demurrer, shall be the sum actually due; and when the sum, for which judgment is rendered, is unwhich judgment is certain, the same shall be assessed by a jury. On all judgments in rendered is uncer civil cases for the payment of money, interest shall be allowed at such be assessed by a jury. rate as is allowed upon judgments rendered in the highest court of lowed on judgments. original jurisdiction in the state in which such district court sits. for breach of cove- tain, the same shall Rate of interest al amen ded. Mistakes, etc., in SEC. 27. Every mistake, omission. defect or imperfection in the prothe process and pleadings, or in the cess, declaration, pleading, or any of the proceedings in any cause, or judgment, may be in the judgment, shall be amended from time to time, at the instance of either party, according to the several statutes of amendments or jeofails in the state in which the court sits, so as to secure a trial upon the merits, and that justice may be done, subject to any rule for the costs of amendment which the judge may impose. Where there are of the district court SEC. 28. Where, in any state, there are two or more divisions of the two or more divisions district court, all writs of execution upon any judgment rendered in in a state, exe utions the court of either division may run and be executed in any part of any part of the state. such state, but shall be issued and made returnable to the court in which the judgment was rendered. may be executed in When writ of error to operate as a super execuiton. SEC. 29. A writ of error, when authorised by law to operate as a sedeas and stay of supersedeas and stay of execution, shall only have that effect when a copy thereof and citation have been served on the adverse party or his counsel of record; but no execution shall issue in less than ten days When execution from the rendition of the judgment or decree, unless upon affidavit made, showing a necessity therefor. may be issued on judgment. Remedy against failure to pay over SEC. 30. Should the marshal or clerk fail to pay over to the party marshal or clerk for entitled thereto, or to his attorney of record, upon demand made, any money in his hands. money which may have come to his hands by virtue of any order or process of the court, such money, with legal interest and ten per cent. damages may be recovered from him and his sureties in his official bond, |