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habeas corpus,

of all controversies of a civil nalure, where a state is a party, except between a stale and its citizens; and except also between a śiate and citizens of other states, or aliens, in which latter case Jurisdiction of it shall bave original, but not exclusive jurisdiction. And shall suits against have, exclusively, all such jurisdiction of suils or proceedings ambassadors, against ainbassadors, or other public ministers, or their domes. lics, or domestic servants, as a court of law can have or exercise consistenily with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a cousul or vice consul shall be a party. And the trial of issues in fact in the supreme court, in Issues in fact all actions al law against citizens of the United States, shall be

by jury. by jury. The supreme court skall also have appellate jurisdic- Appellate jution from the circuit courts and courls of the several states, in risdiction ; the cases hereinafter specially provided for: and shall have pow. power; maner lo issue writs of prohibition to the district courts, when pro- damus, &c. of ceeding as courts of admiralty and maritime jurisdiction, and the supreme writs of mandamus, in cases warranted by the principles and court. usages of law, to any courts appointed, or persons holding office, under the authority of the Uuited States.

$14. That all the before mentioned courts of the United Scire facias, States shall have power to issue writs of scire facias, habeas cor

and other pus, and all other writs not specially provided for by slatute, writs. wbich may be necessary for the exercise of their respective juris. Vol. 1. p. 310. dictions, and agreeable to the principles and usages of law. And Yol. ii. po that either of the justices of the supreme court, as well as judges iii. p. 1690. of the district courts, shall have power to grant writs of habeas 1719, 2034. corpus, for the purpose of an enquiry into the cause of commit. Power of jus. meni.- Provided, That writs of habeas corpus shall, in no case, tices and judgextend to prisoners in gaol, unless where they are in custody, es, asto.babeunder or by colour of the authority of the United States, or are Proviso; as to commilled for trial before some court of the same, or are neces, extent of writs

of habeas corsary to be brought into court to testify.

§ 15. That all the said courts of the United States shall bave Power of the power, in the trial of actions at law, on motion and due notice courts to comthereof being given, to require the parties to produce books or pel parties to writings in their possession or power, which contain evidence in evidenice, as pertinent to the issue, in cases and under circumstances where in chancery, they might be compelled to produce the same by the ordinary &c. rules of proceeding in chancery ; and if a plaintiff shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion, to give the like judgment for the defendant as in cases of nonsuit; and if a defendant shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion as aforesaid, lo give judgment against him or her by default.

§ 16. That suits in equity, shall not be sustained in either of Suits in equity the courts of the United States, in any case where plain, adeo not allowed,

if legal remequale, and complete, remedy may be had at law.

dy. § 17. That all the said courts of the United States, shall have Power of the power to grant new trials, in cases where there has been a trial courts as to

granting new by jury, for reasons for which new trials have usually been grant- trials ; admin. ed in the courts of law, and shall have power to impose and ad- istering oaths;



Facts to ap

punishing for minister all necessary oaths or affirmations, and to punish, by contempl; fine or imprisonment, at the discretion of the said couris, all con. making rules,

tempis of authority in any cause or hearing before the same; and to make and establish all necessary rules for the orderly conducting business in the said courts, provided such rules are not repugnani to che laws of the United States.

§ 18. That when, in a circuit court, judgment upon a verdict in a civil action shall be entered, execution may, on motion of either party, al the discretion of the court, and on such condi

tions, for the security of the adverse party, as they may judge Stay of execu- proper, be stayed forty-two days from ihe time of entering judgdays, to give ment, to give time to file, in ihe clerk's office of said court, a opportunity petition for a new trial. And if such petition be there filed -withfor new trial, in said term of forty-two days, with a certificate thereon, from &c.

either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall, of course, be further stayed 10 the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void.

§ 19. Thai it shall be the duty of circuit courts, in causes in ord, in causes equity, and of admirally and maritime jurisdiction, to cause the in equity, of facts on which they found their sentence or decree, fully to apadmiralby, &c. pear upon the record, either from the pleadings and decree ilVol. ii. p. 905. self, or a state of the case agreed by the parties, or their counPlaintiffs and sel, or, if they disagree, by a stating of the case by the court. libellants, fail- § 20. That where, in a circuit couri, a plaintiff in an action, ing in circuit originally brought there, or a petitioner in equily, other than the court to reco- United States, recovers less than the sum or value of five hunver 500 dollars, or 300 dred dollars, or a libellant, upon his own appeal, less than the dollars, liable sum or value of three hundred dollars, he shall not be allowed,

bui, at the discretion of the court, may be adjudged to pay costs. Appeals from district to cir

§ 21. That from final decrees in a district court, in causes of cuit courts in adıniralıy and maritime jurisdiction, where the matter in dispute 300 dolls. va. exceeds the sum or value of three hundred dollars, exclusive of sue, in admi. ralty causes.

costs, an appeal shall be allowed to che next circuit court, to be Vol. i. p. 905. held in such district. Provided nevertheless, That all such apProviso; as to peals from final decrees as aforesaid, from the district court of district court

Maine, shall be made to the circuit couri next to be bolden after

each appeal in the district of Massachusetts. 1771.

§ 22. That final decrees and judgments, in civil actions in a Re-examination of final

district court, where ihe matter in dispute exceeds the sum or decrees in cir- value of fifty dollars, exclusive of costs, may be re-examined, and cuit courts, reversed, or affirmed, in a circuit court, holden in the same disvalue above

trict, upon a writ of error, whereto shall be annexed and return50 dolls, on writs of er.

ed therewith, at the day and place therein mentioned, an authenticated transcript of the record, and assignment of errors, and prayer for reversal, with a citation to the adverse party, signed

by ihe judge of such district court, or a justice of the supreme Re-examina- court, the adverse party having at least twenty days' notice. tion of final And upon a like process, may final judgments and decrees in judgments in civil actions, and suits in equity in a circuit court, brought there the supreme

by original process, or removed there from courts of the several Vol. ii. p. 905. states, or removed there by appeal from a district court, where

to costs.

of Maine.

Vol. iii. p.

ror, &c.

court, &c.


the matter in dispute exceeds the sum or value of iwo Thousand dollars, exclusive of costs, be re-examined and reversed, or affirmed, in the supreme court, the citation being in such case signed by a judge of such circuit court, or justice of the supreme court, and the adverse party having at least thirty days' notice. But there shall be no reversal in either court on such writ of Exception, as error, for error in ruling any plea in abatement, other than a to reversal of plea to the jurisdiction of the courl, or such plea to a petition or ments, &c. bill in equity, as in the nature of a demurrer, or for any error in fact, And write of error shall not be brought but within five Writs of error years after rendering or passing the judgment or decree com- within five plained of, or in case the person entiiled to such writ of error years, &c. be an infant, feme covert, non compos mentis, or imprisoned, then within five years as aforesaid, exclusive of the time of such disability. And every justice, or judge, signing a citation on Security for any writ of error as aforesaid, shall take good and sufficient se


wrils of error. curily, that the plaintiff in error shall prosecule his writ to effect, Vol. i. p. 373. and answer all damages and costs, if he fail to make his plea good. § 23. That a writ of error as aforesaid, shall be a supersedeas In what cases

writs of error and stay execution, in cases only where the writ of error is

shall be a sus ed, by a copy thereof being lodged for the adverse party, in the persedeas, &c. clerk's office, where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of. Until the expiration of wbich term of ten days, executions shall not issue in any case where a writ of error may be a supersedeas; and where, upon such writ of error, the supreme or a circuit court shall affirm a judgment or decree, they shall adjudge or decree to the respondent in error just Damages and damages for his delay, and single or double costs at their dis- costs to rescrelion.

pondents in § 24. That when a judgment or decree shall be reversed in a circuit court, such couri shall proceed to render such judgment, reversal, in cir

Judgment, on or pass such decree, as the district court should have rendered cuit and suor passed; and the supreme court shall do the same on reversals preme courts ; therein, except where the reversal is in favor of the plaintiff or petitioner in the original suit, and the damages to be assessed, or matter to be decreed, are uncertain, in which case they shall remand the cause for a final decision. And the supreme court

Mandates shall not issue execution in causes that are removed before them

from supreme

to circuit by writs of error, bul shall send a special mandale to the circuit courts. couri, lo award execution thereupon.

§ 25. That a final judgment or decree in any suit, in the In what cases bigbest court of law or equity of a state in which a decision in final judg

menis, &c, of the suit could be had, where is drawn in question the validity of the highest a treaty or statute of, or an authority exercised under, the Uni- state courts, ted States, and the decision is against their validity; or where may be re-ex

amined by the is drawn in question the validity of a statute of, or an authority exercised under, any stale, on ihe ground of their being repug- court, on writs nant to the constitution, treaties, or laws, of the United States, of error, &c. and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under,


except, &c.


such as ap

courts may

the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the supreme court of the United States, upon a wril of error, the citation being signed by the chief justice, or judge or chancellor, of the court, rendering or passing the judginent or decree complained of, or by a justice of the supreme court of the Uni. ted States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court, and the proceeding upon the reversal shall also be the same, except that the supreine court, instead of remanding the cause for a final decision, as before provided, may, at their discretion, if the cause shall bave been once remanded before, pro

ceed to a final decision of the saine, and award execution. But No error al. no other error shall be assigned or regarded as a ground of relowed but

versal, in any such case as aforesaid, than such as appears on pears on the the face of the record, and immediately respects the before face of the te- mentioned questions of validity or construction of the said cord, &c.

constitution, treaties, statutes, commissions, or authorities, in ,

dispute. In cases of for- § 26. That in all causes brought before either of the courts feiture, by de- of the United States, to recover the forseiture annexed to any fession,&c. the articles of agreement, covenant, bond, or other specially, where

the forfeiture, breach, or nonperformance, shall appear by the give judgment default or confession of the defendant, or upon demurrer, the in equity.

court before whom the action is, shall render judgment therein

for the plaintiff to recover so much as is due according to equiA jury to as. ty. And when the sum for which judgment should be rendered sess where the is uncertain, the same shall, if either of the parties request il, sum is uncerlain.

be assessed by a jury. Marshal to be

§ 27. That a marshal shall be appointed, in and for each disappointed for trict, for the term of four years, bul shall be removable from each district office at pleasure; whose duly it shall be to attend the district four ycars, &c. and circuit courts, when sitting therein, and also the supreme Duties and court in the district in which that court shall sit : apd to execute, powers of the throughout the district, all lawful precep's directed to him, and marshal, &c. issued under the authority of the United States, and he shall

p 1790, 1791. have power to command all necessary assistance in the execu

tion of his duty, and to appoint, as there shall be occasion, one or more deputies, who shall be removable from office by the

judge of the district court, or the circuit court sitting within the Marshal to district, at the pleasure of either. And before he enters on the give bond; duties of his office, he shall become bound for the faithful per

forinance of the same, by himself and by his deputies, before the judge of the district court, to the United States, jointly and severally, with two good and sufficient sureries, inhabitants and

'freeholders of such district, to be approved by the district and take an

judge, in the sum of twenty thousand dollars, and shall take, oath.

before said judge, as shall also his deputies, before they enter

on the duties of their appointment, the following oath of office: Form of the “I, A. B. do solemnly swear or affirm, that I will faithfully execute oath.

case of the


al lawful precepts directed to the marshal of the district of
under the authorily of the United States, and true relurns make, and
in all things well and truly, and without malice or partiality, per.
form the duties of the office of marshal (or marshal's deputy, as the
case may be) of the district of

during my continuance in said office, and iake only my lawful fees. So help me God.§ 28. That in all causes wherein the marshal, or his deputy, writs, &c. in

of shall be a pariy, the writs and precepis therein shall be directed to such disinterested person as ihe court, or any justice or judge marshal, &c thereof may appoint,' and i be person so appointed is hereby au. being a party. Thorized 10 execute and return the same. And in case of the In case of the death of any marshal, his deputy, or deputies, shall continue in marshal's office, unless otherwise specially removed ; and shall execute death, &c. the same in name of ihe deceased, until another marshal Defaults of shall be appointed and sworn: And the defaulis, or misfeasances deputics a in office of such deputy or deputies in the mean time, as well breach of as before, shall be adjudged a breach of the condirion of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased mar- Exccutor or shal, shall bave like remedy for the defaults and misleasances in administrator

of deceased office of such deputy or deputies during such interval, as they

marshals to would be entitled 10 if the maishal had continued in life, and in have remedy The exercise of his said office, until his successor was appointed, against depuand sworn or affirmed : And every marshal, or his deputy, when ties. removed from office, or when the term for which ihe marshal is Powers of the appointed shall expire, shall have power, notwithstanding, 10 marshal on reexecute all such precepts as may be in their hands, respectively, office, &c. at the time of such removal or expiration of office; and trie marshal shall be held answerable for the delivery to his suc. Marshal ancessor of all prisoners which may be in his custody at the time swerable for of his removal, or when the terın for which he is appointed shall prisoners, &c. expire, and for that purpose may retain such prisoners in his cessor. custody, until his successor shall be appointed, and qualified as the law directs. § 29. That in cases punishable with death, the trial shall be Trial of cases

punishable had in the county where the offence was commiited; or where with death, to that cannot be done without great inconvenience, twelve perit be had in jurors at least shall be summoned from thence. And jurors in county, exall cases to serve in the courts of the United States, shall be de cept, &c. signaled by lot or otherwise, in ench state respectively, accord- Jurors to be ing to the mode of forming juries therein now practised, so far designated by as the laws of the same thall render such designation practica- p. 792. ble, by the courts or marshals of the United States; and the jurors shall have the san e qualifications as are requisite for jurors Qualification: by the laws of the state of which they are citizens, 10 serve in

of jurors, &c. the highest courts of law of such state, and shall be returned, as Return of juThere shall be occasion for them, from such paris of the district,

ror s, &c. from time to time, as the court shall direct, so as shall be mosi favorable to an impartial trial, and so as not 10 incur an unnecessary expense, or unduly to burthen the citizens of any part of the district with suich services. And writs of venire facias, Writs of veni

re facias, &c. when directed by the court, shall issue from the clerk's office, and shall be served and returned by the marshal in his proper


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