(ACT of March 1st, 1793.) above directed to be paid out of the treasury of the United States, shall be recovered in like manner as the fees of the officers of the states, respectively, for like services are recovered. SEC. VII. If any officer hereinbefore mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly, demand and receive any greater fees than those allowed by this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be. 41. SEC. IX. It shall be the duty of the clerk of the supreme court of the United States, forthwith to transmit to the clerks of the several circuit courts, the form of a writ of error, to be approved by any two of the judges of the supreme court, and it shall be lawful for the clerks of the said circuit courts to issue writs of error agreeably to such forms, as nearly as the case may admit, under the seal of the said circuit courts, returnable to the supreme court, in the same manner as the clerk of the supreme court may issue such writs, in pursuance of the act, entitled "An act to establish the judicial courts of the United States." [See Bail 2, ante page 78.] 42. SEC. XI. In all suits and actions in any district court of the United States, in which it shall appear that the judge of such court is, any ways concerned in interest, or has been of counsel for either party, it shall be the duty of such judge on application of either party, to cause the fact to be entered on the minutes of the court, and also to order an authenticated copy thereof, with all the proceedings in such suit or action, to be forthwith certified to the next circuit court of the district, which circuit court shall, thereupon, take cognizance thereof, in the like manner, as if it had been originally commenced in that court, and shall proceed to hear and determine the same accordingly. [Infra, 91.] 43. SEC XII. All the records and proceedings of the court of appeals heretofore appointed, previous to the adoption of the present constitution, shall be deposited in the office of the clerk of the supreme court of the United States, who is hereby authorised and directed to give copies of all such records and proceedings to any person requiring and paying for the same, in like manner, as copies of the records and other proceedings of the said court are by law directed to be given: which copies shall have like faith and credit, as all other proceedings of the said court. ACT of March 1, 1793. 2 Bioren, 363. An act to ascertain the fees in admiralty proceedings in the district courts, &c. 44. SEC. 11. Fees of the clerk of the district court, in admiralty and maritime causes. (ACT of March 1st, 1793.) For drawing every stipulation, procees, monition, or subpœna, for each sheet containing ninety words, fifteen cents: And for engrossing each sheet, ten cents: Entering the return of process, fifteen cents: Filing every libel, claim, pleading, or other paper, six cents: Copies of the pleadings, interrogatories, depositions, and exhibits, when required, for each sheet of ninety words, ten cents: Entering each proclamation, fifteen cents: Entering each default, twelve cents: Entering every rule of court, fifteen cents: Examining each witness, and drawing his deposition, for each sheet containing ninety words, fifteen cents: Certifying each exhibit, or writing shown to a witness at his examination, twenty-five cents: Drawing every decree, or decretal order, for each sheet containing ninety words, fifteen cents: And for entering the same in the minutes, for each sheet, as aforesaid, ten cents: For drawing a record, or making a copy of the proceedings, for each sheet containing ninety words, fifteen cents: But no pleading, deposition, exhibit, or other writing, to be inserted therein verbatim, or in hæc verba, shall be computed as any part of such draft: Entering a record in the register, or engrossing, or copying, proceedings or records to be sealed or exemplified, for each sheet of ninety words, including all the pleadings, depositions, exhibits, and writings, inserted therein, ten cents: Every certificate, twenty cents: Entering return of appraisement, or sales, for each sheet of ninety words, ten cents: Affixing the seal to any paper, when required, twenty-five cents: Drawing commission to examine witnesses, for each sheet containing ninety words, fifteen cents: And for engrossing the same, if on parchment, including the parchment, twenty cents: And if on paper, for each sheet of ninety words, ten cents: For every entry or writing not mentioned or described, such allowance shall be taxed as for similar services herein mentioned: All money deposited in court, one and a quarter per cent. SEC. IV. There shall be allowed and taxed in the supreme, circuit, and district courts of the United States, in favour of the parties obtaining judgments therein, such compensation for their travel and attendance, and for attorneys' and counsellors' fees, except in the district courts in cases of admiralty and maritime jurisdiction, as are allowed in the supreme or superior courts of the respective statęs. ACT of March 2, 1793. 2 Bioren, 366. An act in addition to the act, entitled "An act to establish the judicial courts of the United States." 45. SEC. I. The attendance of only one of the justices of the supreme court, at the several circuit courts of the United States, to be hereafter held, shall be sufficient, any law requiring the attendance of two of the said justices notwithstanding: Provided, That it shall be lawful for the supreme court, in cases where special circumstances shall, in their judgment, render the same necessary, to assign two of the said justices to attend the circuit court or courts; and it shall be the duty of the justices, so assigned, to attend 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 any cause then pending, such circuit court may consist of the said judge of the supreme court alone. [Infra, 66.] SEC. III. 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: 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: All process, writs, and recognisances, 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: Any special session may be adjoured to any time or times previous to the next stated meeting of the circuit court: And 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. [Infra, 50. &c.] SEC. IV. (See Bail 3. ante, page 79.) 46. SEC. v. Writs of ne exeat, and of 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; but 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 (ACT of May 19th, 1794.) any case, without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the same. [Infra, 48.] 47. SEC. VI. 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. [Infra, 74.] 48. SEC. VII. 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 advance of justice, and especially to that end to prevent delays in proceedings. [Infra, 88.] 49, SEC. VIII. 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. ACT of May 19, 1794. 2 Bioren, 408. An act further to authorize the adjournment of circuit courts. 50. SEC. I. A circuit court in any district, when it shall happen that no justice of the supreme court attends within four days after the time appointed by law for the commencement of the session, may be adjourned to the next stated term by the judge of the district, or, in case of his absence also, by the marshal of the district. [Infra, 65.] ACT of December 12, 1794. 2 Bioren, 452. An act to amend and explain the twenty-second section of the "act establishing the judicial courts of the United States." 51. Whereas, by the twenty-second section of the act, entitled “An act to establish the judicial courts of the United States," it is provided, that " Every justice or judge signing a citation on any writ of error, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he fail to make his plea good." And whereas doubts have arisen as to the extent of the security to be required in certain cases: SEC. I. Be it enacted and declared, &c. The security to be required and taken on the signing of a citation on any writ of error, which shall not be a supersedeas and stay execution, shall be only to such an amount as, in the opinion of the justice or judge taking the same shall be sufficient to answer all such costs as, upon an affirmance of the judgment or decree, may be adjudged or decreed to the respondent in error. [Infra, 57, &c.] ACT of June 9, 1794. 2 Bioren, 442. An act making certain alterations in the act for establishing the judicial courts, &c. 52. SEC. 1. The district judges of the United States shall be authorised to appoint a commissioner or commissioners, before whom appraisers of ships or vessels, or goods, wares, and merchandise, seized for breaches of any law of the United States, may be sworn or affirmed; and that such qualifications, made before such commissioner or commissioners, shall be, to all intents and purposes, as effectual as if the same were taken before the said judges in open court. 53. SEC. 11. The stated terms of the district courts of Massachusetts, Pennsylvania, and Georgia, shall be changed, and, in future, the said courts in Massachusetts shall be held on the third Tuesday in March, the fourth Tuesday in June, the second Tuesday in September, and the first Tuesday in December; in Pennsylvania, on the third Mondays in February, May, August, and November; and in Georgia, at the times and places following; in the city of Savannah, on the second Tuesdays in February, May, and August, and in Augusta, on the second Tuesday in November. [Infra, 72, 125, 132.] ACT of January 31, 1797. 2 Bioren, 573. 54. SEC. 1. All the laws of the United States, which are not locally inapplicable, ought to have, and shall have, the same force and effect within the state of Tennessee as elsewhere within the United States. 1 |