No. 2610.

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

No 2610.

Art. 2.-Of the equity jurisdiction of the circuit courts.

2610. Circuit courts are vested with equity jurisdiction in certain cases. The judiciary act of 1789, s. 11, gives original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, between certain parties therein mentioned.

The act of April 15, 1819, s. 1, further extends the equitable powers of this court; it enacts "that the circuit court of the United States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies, and cases arising under any law of the United States, granting or confirming to authors or inventors, the exclusive right to their respective writings, inventions, and discoveries; and upon any bill in equity filed by any party aggrieved, in such cases, shall have authority to grant injunctions according to the course and principles of courts of equity, to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided, however, that from all judgments and decrees of any circuit courts rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner and under the same circumstances, as is now provided by law, in other judgments and decrees of such circuit court."

And the act of August 23, 1842, s. 5, declares that the district courts as courts of admiralty, and the circuit courts as courts of equity, shall be deemed always open for the purpose of filing libels, bills, petitions, answers, pleas, and other pleadings, for issuing and returning mesne and final process and commissions,

No. 2611.

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

No. 2611.

and for making and directing all interlocutory motions, orders, rules, and other proceedings whatever, preparatory to the hearing of all causes pending therein upon their merits. And it shall be competent for any judge of the court, upon reasonable notice to the parties, in the clerk's office, or at chambers, and in vacation as well as in term, to make and direct, and award all such process, commissions and interlocutory orders, rules, and other proceedings, whenever the same are not grantable of course according to the rules and practice of the court.

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

2611. The judiciary act, section 11, gives the circuit courts exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where that act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein. The jurisdiction of the circuit court in criminal cases is confined to offences committed within the district for which those courts respectively sit when they are committed on land.

Although the national courts are to look to the common law in the absence of statutory provisions for the rules to guide them in the exercise of their functions in criminal as in civil cases, it is to the statutes of the United States alone that they must have recourse to determine what constitutes an offence against the United States. The general government has no unwritten criminal code to which resort can be had as a source of jurisdiction. (a)

(a) Ex parte Bollman, 4 Cranch, 75; United States v. Coolridge, 1 Wheat. 415; United States v. Bevans, 3 Wheat. 336; United States v. Hudson, 7 Cranch, 32.

No. 2612.

Book 4, tit. 4, div. 2, chap. 2, sec. 1.

No. 2615.

CHAPTER II.-OF THE DISTRICT COURTS.

2612. In treating of district courts, the same division which was made in considering the circuit courts, will here be adopted, by taking a view of, 1, their organization; 2, their jurisdiction. And in a third section will be examined the jurisdiction of special district courts.

SECTION 1.-OF THE ORGANIZATION OF THE DISTRICT COURTS.

2613. The United States are divided into districts, in each of which is a court called the district court, which is to consist of one judge, who is to reside in the district for which he is appointed, and to hold annually four sessions. (a) By subsequent acts of congress, the number of annual sessions in particular districts, is sometimes more, sometimes less; and they are to be held at various places in the same district. There is also a district court in the District of Columbia.

2614. The judge of the district court appoints a clerk for said court, whose duties are to issue writs and all other process, keep the records, and generally to perform the duties of a clerk of the court.(b)

By the third section of the act of March 2, 1809, it is enacted that in case the district judge in any district is unable to discharge his duties as by the said act is provided, the district clerk of such district shall be authorized and empowered, by leave or order of the circuit judge of the circuit in which such district is included, to take, during such disability of the district judge, all examinations and depositions of witnesses, and to make all necessary rules and orders, preparatory to the final hearing of all causes of admiralty and maritime jurisdiction.

2615. The marshal of the district is the ministerial (a) Act of September 24, 1789.

(6) Act of September 24, 1789, s. 37.

No. 2616.

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

No. 2621.

officer who is to carry into execution the judgments, decrees and orders of said district court.

2616. The persons admitted to conduct the business of suitors in the district court, are designated by various appellations, of attorneys, counsellors, proctors, and advocates, in the same way that they are in the circuit

courts.

2617. The district attorney is the officer who, on behalf of the United States, prosecutes all claims due to the United States, and for all offences committed in violation of the national laws.

SECTION 2.-OF THE JURISDICTION OF THE DISTRICT COURTS.

2618. The jurisdiction of the district courts is either civil or criminal.

§ 1. Of the civil jurisdiction of the district courts.

2619. The civil jurisdiction of these courts extends, 1, to admiralty and maritime causes; 2, to cases of seizure on land under the laws of the United States, and in suits for penalties and forfeitures incurred under those laws; 3, to cases in which an alien sues for a tort, in violation of the laws of nations, or of a treaty of the United States; 4, to suits instituted by the United States; 5, to actions by and against consuls; 6, to certain cases in equity.

Art. 1. Of admiralty and maritime causes.

2620. The original admiralty and maritime jurisdiction of the district courts is exclusive, and is either ordinary or extraordinary.

1. Of the ordinary jurisdiction in admiralty.

2621. The ordinary jurisdiction in admiralty comprehends, 1, prize suits; 2, cases of salvage; 3, actions for torts; 4, actions on contracts, such as

No. 2622.

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

No. 2624.

seamen's wages, pilotage, bottomry, ransom, materials, and the like.

1° Prize suits.

2622. The act of September 24, 1789, s. 9, vests in the district courts as full jurisdiction of all prize causes as the admiralty of England; and this jurisdiction is an ordinary inherent branch of the powers of the court of admiralty, whether considered as prize courts or instance courts. (a)

The act marks out not only the general jurisdiction of the district courts, but also that of the several courts in relation to each other, in case of seizure on the waters of the United States or elsewhere.

When the seizure is made in the waters of one district, the court of that district has exclusive jurisdiction, though the offence may have been committed out of that district.

When the seizure is made on the high seas, the jurisdiction is in the court of the district where the property is brought.

2° Cases of salvage.

2623. Under the constitution and laws, this court has exclusive original cognizance in cases of salvage; and, as a consequence, it has the power to determine to whom the residue of the property belongs, after deducting the salvage.(b)

3° Actions arising out of torts or injuries.

2624. By the delegation of jurisdiction to the dis

(a) The English court of admiralty is divided into two distinct tribunals; the one having generally all jurisdiction of admiralty, except in prize cases, is called the instance court; the other, acting under a special commission, distinct from the commission given to judges of admiralty, to enable the judge, in time of war, to assume the jurisdiction of prizes, and called a prize court. Bro. Civ. & Adm. Law, ch. 4 and 5.

(b) M'Donough v. Dannery, 3 Dall. 183.