No. 2633.

Book 4, tit. 4, div. 2, chap. 2, sec. 2, § 1, art. 6.

No. 2634.

circuit court only had jurisdiction in cases of consuls. (a) But by the act of August 23, 1842, the district courts have concurrent jurisdiction with the circuit courts, of all crimes and offences against the United States, the punishment of which is not capital. And by a late act(b) the punishment of whipping is abolished.

Art. 6.-Of the jurisdiction of the district courts in equity.

2633. By the first section of the act of February 13, 1807, the judges of the district courts of the United States shall have as full power to grant writs of injunction, to operate within their respective districts, as is now exercised by any of the judges of the supreme court of the United States, under the same rules, regulations, and restrictions, as are prescribed by the several acts of congress establishing the judiciary of the United States, any law to the contrary notwithstanding. Provided, that the same shall not, unless so ordered by the circuit court, continue longer than to the circuit next ensuing; nor shall an injunction be issued by a district judge in any case, where the party has had a reasonable time to apply to the circuit court for the writ.

2634. An injunction may be issued by the district judge under the act of March 3, 1820, §§ 4, 5, where proceedings have taken place by warrant and distress against a debtor to the United States or his sureties, subject by § 6, to appeal to the circuit court from the decision of such district judge in refusing or dissolving the injunction, if such appeal be allowed by a justice of the supreme court. On which, with an exception as to the necessity of an answer on the part of the United States, the proceedings are to be as in other

cases.

(a) 5 S. & R. 545.

(b) Act of February, 28, 1839, s. 5.

No. 2635.

Book 4, tit. 4, div. 2, chap. 2, sec. 3.

No. 2639.

Art. 7.—Of various points relating to jurisdiction of the district

court.

2635.-1. The judiciary act vests authority in the judges of the district court to grant writs of habeas corpus, for the purpose of inquiry into the cause of commitment.

2636.-2. Other acts give them power to issue writs, take depositions, make rules, and the like. The acts of congress, already treated of, relating to the privilege of not being sued out of the district of which the defendant is an inhabitant, or in which he is found; restricting suits by assignees; and various other provisions, apply to the district court as well as to the circuit court.

2637.-3. By the ninth section of the judiciary act the trial of issues in fact in the district courts, in all causes, except causes of admiralty and maritime jurisdiction, shall be by jury.

§ 2. Of the criminal jurisdiction of the district courts.

2638. By the act of August 23, 1842, s. 3, it is enacted, that the district courts of the United States shall have concurrent jurisdiction with the circuit courts, of all crimes and offences against the United States, the punishment of which is not capital.

SECTION 3.-OF THE JURISDICTION OF SPECIAL DISTRICT COURTS.

2639. There is a class of district courts of a peculiar description. These exercise the power of a circuit court, under the same regulations as they were formerly exercised by the district court of Kentucky, which was the first of the kind.

The act of September 24, 1789, s. 10, gives the district court of the Kentucky district, besides the usual jurisdiction of a district court, the jurisdiction of

No. 2640.

Book 4, tit. 4, div. 2, chap. 3.

No 2640.

all causes, except of appeals and writs of error, thereinafter made cognizable in a circuit court, and writs of error and appeals were to lie from decisions therein to the supreme court, and under the same regulations. By the 12th section, authority was given to remove cases from a state court to such court, in the same manner as to a circuit court.

CHAPTER III.-OF THE TERRITORIAL COURTS.

2640. The courts of the organized territories of the United States, are established by the acts of congress establishing such territories. The courts thus established are generally the same in all the territories. In each of them there are,

1. A supreme court, composed of a chief justice and a number of associate justices, who have an appellate jurisdiction, and a general supervision of all the other courts in the territory. The court appoint their own clerk, and admit attorneys and counsellors to practice. The marshal of the territory executes the mandates of the court.

2. The territory is divided into districts, and in each district there is a court called the district court. A clerk is appointed by the court, and attorneys and counsellors are admitted. The marshal executes their process. The court in each district is held by one of the judges of the supreme court.

The district courts have the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States. Writs of errors and appeals from the final decisions of the said courts, in all such cases may be made to the supreme court of the territory.

No. 2641.

Book 4, tit. 5, 6.

No. 2643.

These courts exercise jurisdiction in all cases under the laws of the territorial legislature.

3. Besides these, there are probate courts, for proving last wills and granting letters of administration on the estates of persons deceased.

4. Jurisdiction is also given in certain cases to justices of the peace.

TITLE V.-OF THE COURTS IN THE SEVERAL
STATES.

2641. Besides the courts of the United States, established by the national constitution, each state has an independent judiciary, with the exception of the power of removing certain cases from the state courts into the circuit courts of the United States, and the supervisionary jurisdiction of the supreme court of the United States in cases involving constitutional questions. The state courts are all established by their respective constitutions, with definite powers.

A review of the judicial system of each state, could only give an abstract of the several constitutions. This can best be studied by reading the constitutions themselves, which are accessible to every one.

TITLE VI.-OF ACTIONS IN GENERAL.

2642. Actions are sometimes divided into criminal and civil. A criminal action is a prosecution in a competent court of justice, in the name of the government, against one or more individuals, who are accused of having committed a crime. This does not belong to our subject.

2643. A civil action is one prosecuted for the recovery of a right or the redress of an injury. It

No. 2644.

Book 4, tit. 6, chap. 1.

No. 2644.

is a legal demand of one's right in a court of justice, in the form prescribed by law; or it is a suit given by law for the recovery of what is due. (a) The term action includes the whole course of legal proceedings to obtain the redress for a civil injury. Until judgment, the proceeding is properly called an action, but not after, and therefore, a release of all actions, is regularly no bar to an execution.(b)

The term suit is sometimes used instead of action. Under the judiciary act of 1789, the word suit applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him; in this sense an application for a prohibition is, therefore, a suit.(c)

A distinction is sometimes made by applying the term action to proceedings at law, and suit to those in equity; thus we say an action at law and a suit in equity.

Actions differ as they have for their object the recovery of land, without damages, when they are called real actions; when they are instituted to recover some specific article of personal property, wrongfully withheld from the plaintiff by the defendant, or a compensation in money for an injury sustained, which compensation is technically called damages; they are then called personal actions. When the object of the action is the recovery of real estate and damages for the illegal detention, they are denominated mixed actions.

CHAPTER I.-OF REAL ACTIONS.

2644. Real actions are those brought for the specific

(a) Co. Litt. 285; 3 Bl. Com. 116.

(b) Co. Litt. 289, a.

(c) 2 Pet. 449. In its most extended sense, the word suit, includes not only a civil action, but also a criminal prosecution, as an indictment, an information, and a conviction before a magistrate. Ham. N. P. 270. See Steph. on Pl. 427.