SECOND CONGRESS. SESS. II. CH. 22. 1793.

accordingly. And provided also, That when only one judge of the supreme court shall attend any circuit court and the district judge shall be absent, or shall have been of counsel, or be concerned in interest in 1802, ch. 31. any cause, then pending, such circuit court may consist of the said judge of the supreme court alone.

Rule for giv.
ing judgment in

circuit courts in
certain cases.

Judges of su

spe

preme court may direct cial sessions of

circuit courts

for trial of criminal causes.

Duty of clerk in such cases;

SEC. 2. And be it further enacted, That if at any time only one judge of the supreme court, and the judge of the district shall sit in a circuit court, and upon a final hearing of a cause, or of a plea to the jurisdiction of the court, they shall be divided in opinion, it shall be continued to the succeeding court; and if upon the second hearing when a different judge of the supreme court shall be present, a like division shall take place, the district judge adhering to his former opinion, judgment shall be rendered in conformity to the opinion of the presiding judge.

SEC. 3. And be it further enacted, That the supreme court, or when the supreme court shall not be sitting, any one of the justices thereof together with the judge of the district within which a special session as hereafter authorized shall be holden, may direct special sessions of the circuit courts to be holden for the trial of criminal causes, at any convenient place within the district, nearer to the place where the offences may be said to be committed, than the place or places, appointed by law for the ordinary sessions: That the clerk of such circuit court shall, at least thirty days before the commencement of such special session, cause the time and place for holding the same, to be notified for at least three weeks successively, in one or more of the newspapers published nearest to the place where the session is to be holden: That all process, writs and recognizances of every kind, whether respecting juries, witnesses, bail or otherwise, which relate to the cases to be tried at the said special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto : That any special session may be adjourned to any time or times previous to the next stated meeting of the circuit court: That all business depending for trial at any special court, shall at the close thereof be considered as of course removed to the next stated term of the circuit court: And Privilege grant that the district courts of Maine and Kentucky, shall have like power to hold special sessions for the trial of criminal causes, as hath been heretofore given, or is hereby given to the circuit courts, subject to the like regulations and restrictions.

Such sessions may be adjourn

ed.

ed to district

courts of Maine and Kentucky.

Bail for appearance by whom taken.

Writs of ne

SEC. 4. And be it further enacted, That bail for appearance in any court of the United States, in any criminal cause in which bail is by law allowed, may be taken by any judge of the United States, any chancellor, judge of a supreme or superior court, or chief or first judge of a court of common pleas of any state, or mayor of a city in either of them, and by any person having authority from a circuit court, or the district courts of Maine or Kentucky to take bail; which authority, revocable at the discretion of such court, any circuit court or either of the district courts of Maine or Kentucky, may give to one or more discreet persons learned in the law in any district for which such court is holden, where, from the extent of the district, and remoteness of its parts from the usual residence of any of the before named officers, such provision shall, in the opinion of the court, be necessary.-Provided, That nothing herein shall be construed to extend to taking bail in any case 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 description of persons to take bail.

SEC. 5. And be it further enacted, That writs of ne exeat and of exeat by whom injunction may be granted by any judge of the supreme court in cases where they might be granted by the supreme or a circuit court;(a) but

and when grant

ed.

(a) The district judges of the courts of the United States have no authority to issue writs of ne exeat. Gernon v. Boecaline, 2 Wash. C. C. R. 130.

no writ of ne exeat shall be granted unless a suit in equity be commenced, and satisfactory proof shall be made to the court or judge granting the same, that the defendant designs quickly to depart from the United States; nor shall a writ of injunction be granted to stay proceedings in any court of a state; nor shall such writ be granted in any case without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the same.

SEC. 6. And be it further enacted, That subpoenas for witnesses who may be required to attend a court of the United States, in any district thereof, may run into any other district: Provided, That in civil causes, the witnesses living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same.

SEC. 7. And be it further enacted, That it shall be lawful for the several courts of the United States, from time to time, as occasion may require, to make rules and orders for their respective courts directing the returning of writs and processes, the filing of declarations and other pleadings, the taking of rules, the entering and making up judgments by default, and other matters in the vacation and otherwise in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings.

SEC. 8. And be it further enacted, That where it is now required by the laws of any state, that goods taken in execution on a writ of fieri facias, shall be appraised, previous to the sale thereof, it shall be lawful for the appraisers appointed under the authority of the state, to appraise goods taken in execution, on a fieri facias issued out of any court of the United States, in the same manner as if such writ had issued out of a court held under the authority of the state; and it shall be the duty of the marshal, in whose custody such goods may be, to summon the appraisers, in like manner, as the sheriff is by the laws of the state required to summon them; and the appraisers shall be entitled to the like fees, as in cases of appraisements under the laws of the state; and if the appraisers, being duly summoned, shall fail to attend and perform the duties required of them, the marshal may proceed to sell such goods, without an appraisement. APPROVED, March 2, 1793.

Subpænas for witnesses how

far to extend.

Courts to make

rules for returning writs, &c.

Goods taken

on writ of fieri facias how to be appraised.

STATUTE II.

Times for hold[Obsolete.] ing spring circuits of eastern

district and N. Carolina alter.

ed.

CHAP. XXIII.-An Act to alter the times and places of holding the Circuit March 2, 1793. Courts, in the Eastern District, and in North Carolina, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the spring circuit courts of the eastern district, instead of being held at the times and places now established by law for holding the same, shall from henceforth be held at the times and places following respectively, namely; for the district of New York, at New York, on the fifth day of April; for the district of Connecticut, at New Haven, on the twenty-fifth day of April; for the district of Vermont, at Windsor and Bennington alternately, beginning at the first, on the twelfth day of May; for the district of New Hampshire, at Portsmouth, on the twenty-seventh day of May; for the district of Massachusetts, at Boston, on the seventh day of June; and for the district of Rhode Island, at Newport, on the nineteenth day of June. And if any of the said days shall happen on a Sunday, the

1790, ch. 17.

1797, ch. 27. 1806, ch. 13.

The affidavit upon which the writ will issue, must be positive to a debt, or to the belief of the plaintiff that a certain balance is due. Ibid.

The Circuit Court of the United States for the district of Pennsylvania awarded a writ of ne exeat on the proper affidavit being made. Ibid.

1802, ch. 31.

N. Carolina circuit court after June where to be held.

District judge of N. Carolina how to have jurymen sum

moned for said

June term.

courts, respectively, shall commence and be holden on the day following. And all causes now pending in the said courts, and all appeals, processes and recognizances returned, or returnable to the same, and all officers, jurors, parties and witnesses, shall be conformable to this act.

SEC. 2. And be it further enacted, That from and after the expiration of the session of the circuit court of the state of North Carolina, which is to commence on the first day of June next (which session shall be held, any thing in this act notwithstanding, at Newbern) the stated sessions of the said court shall be held at Wake courthouse, either in the courthouse belonging to the said county, or in some convenient building contiguous thereto, until there shall be convenient accommodations for the said purpose in the city of Raleigh, in the said state; after which, and upon its being made so to appear to the said court, the said court is hereby authorized and directed at the close of the session then depending, to adjourn the said court to meet at its next stated session in the city of Raleigh; which said city of Raleigh shall thereafter be the place at which the stated sessions of the said court shall be constantly held.

SEC. 3. And be it further enacted, Inasmuch as there was not a sufficient quorum of judges to hold the circuit court for the district of North Carolina, for the purpose of doing business, at November term one thousand seven hundred and ninety-two, that it shall and may be lawful for the district judge of the state of North Carolina to direct the clerk of the said court to issue such process for the purpose of having jurymen summoned to attend the said court at the term to commence on the first day of June next, as he had before issued for the like purpose, returnable to November term above mentioned; that the jurymen ordered by the said process to be summoned shall be ordered to be summoned in the same proportion, and from the same counties, as those jurymen who were ordered to be summoned by the process returnable at November term above mentioned: And the marshal is to execute the said process, and the jurymen legally summoned in consequence thereof, are to attend the said court, under the like penalties for disobedience as if the said process had been ordered to be issued as usual, by the said court; and the marshal and the jurymen who attend at the said court shall be entitled to the like allowance for their services respectively. And it is hereby declared, that all suits and proceedings of what nature or kind soever which have been commenced in the said court, and not finished, shall be proceeded on at the ensuing term in the same manner and to the same effect, as if the said circuit court had been regularly held at November term as aforesaid, and continuances had been regularly held of all such suits and proceedings, from the said last mentioned term to the ensuing term.

APPROVED, March 2, 1793.

STATUTE II.

March 2, 1793.

1790, ch. 35. Repealed by Act of March 2, 1799, ch. 22.

Hardwick in

Georgia established a district.

One port of entry therein and a collector.

CHAP. XXIV.—An Act supplementary to the act, entitled, "An act to provide more effectually for the collection of the Duties imposed by law on Goods, Wares and Merchandise, imported into the United States, and on the Tonnage of Ships or Vessels."

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the state of Georgia, a district, to be called the district of Hardwick, to comprehend all the waters, shores, bays, harbors, creeks and rivers, between the south point of Ossabow island, and the south point of Warsaw island; that in the said district the town of Hardwick shall be the only port of entry, and a collector for said district shall be appointed to reside at Hardwick, and the said collector shall be entitled to

receive the like fees and the same yearly allowance, which is paid to the collector of the district of St. Mary's, in the said state.

SEC. 2. And be it further enacted, That so much of Lake Champlain, with the shores, bays and rivers connected therewith, as lieth within the state of New York, shall be one entire district, to be called the district of Champlain; and the President of the United States be, and hereby is authorized to appoint such place within said district to be the port of entry and delivery within the same as he may deem expedient; and a collector for the said district shall be appointed to reside at such place within said district as the President of the United States shall direct, who shall be allowed the same fees as are allowed the collector in the district of Vermont: Provided nevertheless, That the exception contained in the sixty-ninth section of the act above mentioned, relative to the district of Louisville, shall be, and hereby is extended to the district of Champlain.

SEC. 3. And be it further enacted, That from and after the last day of June next, the collectors in the districts of Vermont and Champlain, in addition to the fees and emoluments which may accrue to them in the collection of the duties of impost and tonnage by the provisions already made, shall severally have and be entitled to receive the yearly sum of one hundred dollars each.

SEC. 4. And be it further enacted, That from and after the last day of June next, the allowance of one half per centum to the collectors of the districts of Pennsylvania and of the city of New York, and the allowance of one per centum to the collectors of the districts of Boston and Charlestown, and of Baltimore, on the amount of all the monies by them respectively received, on amount of the duties of impost and tonnage shall cease, and instead thereof, from and after the said last day of June next, the collectors of the districts of Pennsylvania and of the city of New York, shall be entitled to three eighths of one per centum, and the collectors of the districts of Boston and Charlestown, and of Baltimore, shall be entitled to three fourths of one per centum, on all such monies by them respectively received.

SEC. 5. And be it further enacted, That from and after the first day of January next, no officer of the customs, or other person employed under the authority of the United States, in the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels, shall own, in whole or in part, any ship or vessel, or act as agent, attorney or consignee for the owner or owners of any ship or vessel, or of any cargo or lading on board the same: Nor shall any officer of the customs or other person employed in the collection of the duties as aforesaid, import, or be concerned directly or indirectly in the importation of any goods, wares or merchandise into the United States, on penalty that every person so offending and being thereof convicted, shall forfeit the sum of five hundred dollars.

SEC. 6. And be it further enacted, That so much of the twelfth section of an act, entitled "An act making alterations in the treasury and war departments," as restricted all officers of the United States employed in the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels, from buying or disposing of the funds or debts of the United States, or of any state, or of any public property of either, be and the same is hereby repealed; so far as the same prohibits them from disposing of their interest in the funds or debts of the United States, or of any of the said states.

Champlain in N. York estab

lished a district.

President to

appoint port of entry and col. lector therein.

1790, ch. 35,

sec. 69.

Allowance to

collectors of

Vermont and
June next.
Champlain after

And to the

collectors of Penn'a, New York, Boston and Charlestown, and Balti

more.

President may increase mari. ners to the cut

SEC. 7. And be it further enacted, That the President of the United States may, if he shall judge it conducive to the public interest, increase the complement of mariners to the several revenue cutters, so that the ters. VOL. I.-43 2 F

Allowance of pay to the offi

cers and men

after 1st April.

number do not exceed seven mariners to each cutter; and that from and after the first day of April next, there be allowed, in lieu of the compensations now established, to the master of each revenue cutter, forty dollars per month, and the subsistence of a captain in the army of the United States; to a first mate, twenty-six dollars per month; to a second mate, twenty dollars per month; to a third mate, eighteen dollars per month; to every mate, the subsistence of a lieutenant of the said army; and to each mariner, not exceeding ten dollars per month, to be paid by the collectors of the revenue, who shall be designated for that purpose: And that the Secretary of the Treasury be, and he is hereby authorized to contract for the supply of rations for the officers and men of the said cutters, on such terms as shall, from time to time, appear reasonable.

APPROVED, March 2, 1793.

STATUTE II.

March 2, 1793.

[Obsolete.] President may apply certain

monies

CHAP. XXV.—An Act providing for the payment of the First Instalment due on a
Loan made of the Bank of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is authorized and empowered to apply two hundred thousand dollars, of the monies which may have been borrowed, in pursuance of the fourth section of the act, intituled "An act making provision for the reduction of the public debt," in payment of the first instalment, due to the Bank of the United States, upon a loan 1790, ch. 47. made of the said bank, in pursuance of the eleventh section of the act for incorporating the subscribers to the said bank. APPROVED, March 2, 1793.

to pay first in stalment to Bank of U. S.

STATUTE II.

March 2, 1793. CHAP. XXVI.—An Act for extending the time for receiving on loan that part of the Domestic Debt of the United States, which may not be subscribed, prior to the first day of March, one thousand seven hundred and ninety-three.

[Obsolete.]

Domestic debt term for receiv

ing on loan ex

tended to June

1794.

1794, ch. 36. Act of May.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term for receiving on loan that part of the domestic debt of the United States, which shall not have been subscribed, in pursuance of the act, intituled "An act supplementary to the act making provision for the debt of the United States," be extended, from and after the first day of March, one thousand seven hundred and ninety-three, until the last day 8, 1792, ch. 38. of June, one thousand seven hundred and ninety-four inclusively, on the same terms and conditions, as are contained in the act, intituled "An act making provision for the debt of the United States: Provided, That the books for receiving the said subscriptions shall be opened only at the treasury of the United States.

Privilege of SEC. 2. And be it further enacted, That such of the creditors of the non-subscribing United States, as have not subscribed, and shall not subscribe to the said creditors. loan, shall nevertheless receive, during the year one thousand seven hundred and ninety-three, a rate per centum on the amount of such of their demands, as shall have been registered, conformable to the directions contained in the said act, on or before the last day of June, one thousand seven hundred and ninety-four, equal to the interest, which would be payable to them, as subscribing creditors.

APPROVED, March 2,

1793.