Former circuit courts abolish.

ed.

Certain courts constituted courts of record.

Test, signing and return of writs.

Judges of the supreme and circuit courts

may grant writs of habeas cor

pus.

SEC. 27. And be it further enacted, That the circuit courts of the United States, heretofore established, shall cease and be abolished; and that the records and office papers of every kind, belonging to those courts respectively, shall be safely kept by the clerks thereof, who shall continue in all respects to act as heretofore in the business of the said courts, until it shall otherwise be ordered by the courts hereby established.

SEC. 28. And be it further enacted, That the supreme, circuit and district courts of the United States, shall be, and hereby are, constituted courts of record.

SEC. 29. And be it further enacted, That all writs and processes whatsoever, issuing from any of the circuit courts, hereby established, shall, after the first day of April next, bear test of the presiding judge of such court; before which time they shall bear test of the chief justice of the United States; all which said writs and processes shall be signed by the clerks of the courts respectively, from which the same shall issue, and shall be made returnable to the next stated or special session of such court, and all writs and processes which have issued, or which may issue before the first day of April next, returnable to the circuit courts heretofore established, or to any district court acting as a circuit court, shall be returned to the circuit courts hereby established, and shall be there proceeded in, in the same manner as they could, had they been originally returnable to the circuit courts hereby established.

SEC. 30. And be it further enacted, That every justice of the supreme court of the United States, and every judge of any circuit or district Court shall be, and hereby is authorized and empowered, to grant writs of habeas corpus, for the purpose of inquiring into the cause of commitment, and thereupon to discharge from confinement, on bail or otherwise: Provided always, that no writ of habeas corpus, to be granted under this act, shall extend to any prisoner or prisoners in gaol, unless such prisoner or prisoners be in custody, under or by colour of the authority of the United States, or be committed for trial before some court of the same; or be necessary to be brought into court to give testimony.

New trials, SEC. 31. And be it further enacted, That the several courts of the rehearings and United States shall be, and hereby are authorized and empowered to practice. grant new trials and rehearings, on motion and cause shown, and to make and establish all necessary rules and regulations, for returning writs, filing pleas, and other proceedings; and for regulating the practice and enforcing the orderly conduct of business, in the said courts respectively: Provided always, that the said rules and regulations be not repugnant to the laws of the United States; and that all the courts of the United States, and each of the justices and judges thereof, shall be, and hereby are, authorized and empowered to administer all neces sary oaths and affirmations, and to bind to the peace or good behaviour, with surety where necessary, in all cases, arising under the authority of the United States.

The courts or judges empow

ered to admin.

ister oaths generally, &c.

Oath of a circuit judge.

Appeals from the district courts, to the

circuit courts,

SEC. 32. And be it further enacted, That every person who shall be appointed a judge of any circuit court, hereby established, shall, before he shall begin to exercise the duties of his said office, take the following oath or affirmation; that is to say: "I, A. B. do solemnly swear" (or affirm) "that I will administer justice without respect to persons; and will do equal right to all persons; and will, in all things, faithfully and impartially discharge and perform, all the duties incumbent on me as a judge of according to the best of my abilities and understanding, and to the constitution and laws of the United States."

SEC. 33. And be it further enacted, That from all final judgments or decrees, in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or

court.

value of fifty dollars, shall be allowed to the circuit court next to be and from thence holden, in the district where such final judgment or judgments, decree to the supreme or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine such appeal; and that from all final judgments or decrees in any circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, shall be allowed to the supreme court of the United States; and that upon such appeal, a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said supreme court; and that no new evidence shall be received in the said court, on the hearing of such appeal; and that such appeals shall be subject to the same rules, regulations and restrictions, as are prescribed by law in case of writs of error; and that the said supreme court shall be, and hereby is authorized and required, to receive, hear and determine such appeals.

Writs of error to the cirouit courts.

Security taken upon writs of error or appeals to be sent with the record.

up

Marshals to

SEC. 34. And be it further enacted, That all final judgments in civil actions at common law, in any of the circuit courts hereby established, whether brought by original process in such court, or removed thereto from any state court, and all final judgments in any of the district courts of the United States may, where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, be reexamined and reversed or affirmed, in the supreme court of the United States, by writ of error: whereto shall be annexed, and returned therewith at the day and place therein mentioned, an authenticated transcript of the record and assignment of errors, and prayer for reversal, and also a citation to the adverse party, signed by a judge of such circuit court, or by the district judge as the case may be; which citation shall be served on the adverse party personally, or by leaving a true copy thereof at his or their usual place or places of residence, at least thirty days before the time mentioned in such writ of error, for the return thereof. SEC. 35. And be it further enacted, That the stipulation, bond or security, taken upon any writ of error or appeal to be brought or allowed as aforesaid, shall be returned by the judge taking the same, to the clerk or register of the court where the judgment or decree complained of was rendered, to be by him annexed to the transcript of the record, hereby directed to be sent up to the supreme court of the United States. SEC. 36. And be it further enacted, That there shall be appointed, in and for each of the districts established by this act, a marshal, whose be appointed. duty it shall be to attend the circuit courts of the United States hereby established, when sitting within such district, and who shall have and exercise, within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to and receive the same compensation and emoluments, and in all respects be subject to the same regulations, as are now prescribed by law, in respect to the marshals of the United States heretofore appointed: Provided always, that the several marshals of the United States, now in office, shall, during the periods for which they were respectively appointed, unless sooner removed by the President of the United States, be and continue marshals for the several districts hereby established, within which they respectively reside; and shall perform the duties, exercise the powers, and receive the emoluments, hereby directed to be performed, exercised and received, by marshals therein. SEC. 37. And be it further enacted, That there shall be appointed for each of the districts hereby established, a person learned in the law, to act as attorney for the United States within such district, and in the circuit and district courts which may be holden therein; which attorney shall take an oath or affirmation for the faithful performance of the duties of his office, and shall prosecute, in such district, all delinquents for

District attornies to be appointed.

nies.

District attor crimes and offences cognizable under the authority of the United States, and all civil actions or suits in which the United States shall be concerned, except actions or suits in the supreme court of the United States; and shall be entitled to, and receive, for their services respectively, such compensations, emoluments and fees, as by law are or shall be allowed, to the district attornies of the United States: Provided always, that the district attornies of the United States now in office shall, severally and respectively, be attornies for those districts hereby established, within which they reside, until removed by the President of the United States; and shall perform the duties, exercise the powers, and receive the emoluments, hereby directed to be performed, exercised and received, by the attorney of the United States therein.

Compensation of jurors and witnesses.

Records of the circuit courts, where to be kept.

Suitors, &c.

how far privileged from arrest.

Salaries of judges.

STATUTE II.

Feb. 18, 1801.

Survey of lands for the refugees from Canada, &c. to

be made.

SEC. 38. And be it further enacted, That jurors and witnesses attending any of the courts, hereby established, shall be entitled to and receive the same compensations respectively, as heretofore have been allowed by law to jurors and witnesses, attending the circuit and district courts of the United States.

SEC. 39. And be it further enacted, That the records of the several circuit courts, hereby established, shall hereafter be kept at the respective places at which the said courts are hereby directed to be holden: Provided always, that in the district wherein there are more than one place directed by this act for holding said circuit courts, the records of the circuit court in such district shall hereafter be kept in either of such places, as the said court in such district shall direct.

SEC. 40. And be it further enacted, That the privilege from arrest of every person going to, attending at, or returning from, any court of the United States, shall be computed and continue, from the time of his or her departure from his or her habitation, until his or her return thereto: Provided, that such time shall not exceed one day, Sundays excluded, for every twenty miles of the distance, which such person must necessarily travel in so going and returning, over and above the time of attendance.

SEC. 41. And be it further enacted, That each of the circuit judges of the United States, to be appointed by virtue of this act, shall be allowed as a compensation for his services, an annual salary of two thousand dollars, to be paid quarter-yearly at the treasury of the United States; except the judges of the sixth circuit, who shall be allowed the sum of fifteen hundred dollars each, to be paid in like manner; and that the salaries of the district judges of Kentucky and Tennessee shall be, and hereby are, severally augmented to the like sum of fifteen hundred dollars, annually, to be paid in like manner. APPROVED, February 13, 1801.

CHAP. V.—An Act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia. (a)

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surveyor-general be, and he is hereby directed to cause those fractional townships of the sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first and twenty-second ranges of townships, which join the southern boundary line of the military lands, to be subdivided into half sections, containing three hundred and twenty acres each; and to return a survey and description of the same to the Secretary of the Treasury, on or before the first Monday of December next; and that the said lands be, and they are hereby set apart and reserved for the purpose of satisfying the claims of persons entitled to lands under the act, intituled

(a) Act of April 7, 1798, chap. 26; act of March 3, 1803, chap. 38; act of April 29, 1816, chap. 153.

"An act for the relief of the refugees from the British provinces of Canada and Nova Scotia."

The

How locations

SEC. 2. And be it further enacted, That the Secretary of the Treasury shall, within thirty days after the survey of the lands shall have shall be made. been returned to him as aforesaid, proceed to determine, by lot to be drawn in the presence of the secretaries of state and of war, the priority of location of the persons entitled to lands as aforesaid. persons, thus entitled, shall severally make their locations on the second Tuesday of January next, and the patents for the lands thus located shall be granted in the manner directed for military lands, without requiring any fee whatever.

Patents to be

granted.

Quantities of

the refugees, nominally.

SEC. 3. And be it further enacted, That the following persons, claiming lands under the above-mentioned act, shall respectively be entitled land assigned to to the following quantities of land; that is to say: Martha Walker, widow of Thomas Walker, John Edgar, P. Francis Cazeau, John Allan, and Seth Harding, respectively, two thousand two hundred and forty acres each; Jonathan Eddy, Colonel James Livingston, and Parker Clark, respectively, one thousand two hundred and eighty acres each; and the heirs of John Dodge, one thousand two hundred and eighty acres; Thomas Faulkner, Edward Faulkner, David Gay, Martin Brooks, Lieutenant-colonel Bradford, Noah Miller, Joshua Lamb, Atwood Fales, John Starr, William How, Ebenezer Gardner, Lewis F. Delesdernier, John McGown, and Jonas C. Minot, respectively, nine hundred and sixty acres each; and the heirs of Simeon Chester, nine hundred and sixty acres; Jacob Vander Heyden, John Livingston, James Crawford, Isaac Danks, Major B. Von Heer, Benjamin Thompson, Joseph Bindon, Joseph Levittre, Lieutenant William Maxwell, John D. Mercier, James Price, Seth Noble, Martha Bogart, relict of Abraham Bogart, and formerly relict of Daniel Tucker, and John Halsted, respectively, six hundred and forty acres each; David Jenks, Ambrose Cole, James Cole, Adam Johnson, the widow and heirs of Colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, Edward Chinn, Joseph Cone, and John Torreyre, respectively, three hundred and twenty acres each; Samuel Fales, one hundred and sixty acres; which several tracts of land shall, except the last, be located in half sections by the respective claimants.

APPROVED, February 18, 1801.

STATUTE II.

Feb. 18, 1801.

Biddeford and

CHAP. VI.-An Act making the Port of Biddeford and Pepperrelborough, and the Port of New Bedford, in Massachusetts, ports of entry for ships or vessels, arriving from the Cape of Good Hope, and from places beyond the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the port of Bid- Pepperrelbodeford and Pepperrelborough, and the port of New Bedford, in the commonwealth of Massachusetts, be, and they are hereby made, ports of entry for ships or vessels arriving from the Cape of Good Hope, and from places beyond the same.

APPROVED, February 18, 1801.

CHAP. VII.—An Act to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the thirty-first day of March next, the towns of Bristol, Warren and Barrington, in the state of Rhode Island and Providence Plantations, and all the shores and waters around the same, within the following

rough ports of
entry.
Vol. i. 639.

STATUTE II.

Feb. 25, 1801.

District of Bris tol established.

limits, viz. a line beginning at the middle of the bay, between Mount Hope and Common Fence Point, running southwesterly through the middle of Bristol Ferry, and continuing such course until it strikes a point of equal distance from Rhode Island to Prudence Island, from thence northwardly on a straight line to the westernmost part of Nahant Point, and from thence to the western shore of Bullock's Point, shall be a district, to be called the district of Bristol, of which the port of Bristol Collector to shall be the sole port of entry, and a collector for said district shall be appointed to reside at Bristol, and Warren and Barrington shall be ports of delivery only, and a surveyor shall be appointed to reside at each of the ports of Bristol and Warren; and the surveyor at Warren shall also be surveyor for the port of Barrington.

reside at Bristol.

1799, ch. 22,

вес. 3.

Feb. 25, 1801.

Repealed by Act of April 6, 1802, ch. 19.

Act of Nov.

5, 1794, and Act

of June 9, 1794, force to March

continued in

4, 1801.

SEC. 2. And be it further enacted, That said port of Bristol shall also be a port of entry, for all ships or vessels arriving from the Cape of Good Hope, or places beyond the same.

SEC. 3. And be it further enacted, That from and after the said thirty-first day of March next, the towns of Kittery and Berwick, in the state of Massachusetts, shall be annexed to the district of Portsmouth, in New Hampshire, as ports of delivery only: Provided, that nothing herein contained shall be construed to prevent the master or commander of any ship or vessel, having merchandise on board, destined for either of the said places, from making entry at his option, with the collector of the district of York, and obtaining permits for the delivery thereof as heretofore.

APPROVED, February 25, 1801.

CHAP. IX.-An Act freeing from postage all letters and packets to John
Adams.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all letters and packets to John Adams, now President of the United States, after the expiration of his term of office and during his life, shall be carried by the mail, free of postage.

APPROVED, February 25, 1801.

CHAP. XI.-An Act to continue in force the acts laying duties on licenses for selling wines, and foreign distilled spirits by retail, and so much of the act laying certain duties on snuff and refined sugar as respects a duty on refined sugar, on property sold at auction, and on carriages for the conveyance of persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act passed on the fifth day of June, in the year one thousand seven hundred and ninety-four, intituled "An act laying duties on licenses for selling wines and foreign distilled spirituous liquors by retail;" and that so much of an act passed on the fifth day of June, in the year one thousand seven hundred and ninety-four, intituled "An act laying certain duties upon snuff and refined sugar," as respects a duty upon refined sugar, and that an act 1794, ch. 65. passed on the ninth day of June, in the year one thousand seven hundred and ninety-four, intituled "An act laying duties on property sold at auction," and which acts were, by an act, passed on the third day of March, in the year one thousand seven hundred and ninety-five, continued in force until the first day of March, in the year one thousand eight hundred and one, shall be, and the same are hereby continued in force without limitation of time; any thing in any former act to the contrary notwithstanding.

"Act laying

SEC. 2. Be it further enacted, That so much of the thirteenth duties upon car- section of an act, passed on the twenty-eighth day of May in the year