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SATURDAY, June 1801. GEORGIA. [Vot. XVI No,
I THE AUGUSTA CHRONICLE
AND
G A Z E T T E OF THE STATE.
I FREEDOM of the PRESS and TRIAL by JURY shall remain inviolate. Confutation of Georgia ,
I AUGUSTA: Printed by JOHN E. SMITH, near the market. [3 Dolls, per Annum.]
Seventh Congress of the United
States,
At the First Scffion, begun and held at
the City of Walhington, in the Ter
ritory of Columbia, on Monday the
seventh of Dccei * *r, one thoafand
eight hundred and one*
AN ACT to amend the judicial fyjitm of
the United States,
BE it enacted by the Senate and Hotife
of Representatives of the United
States of America, in Congress affcmhled.
That from and after the palling ot this aft,
the supreme court of the United States
flull be holden by the justices thereof,
or any four of them, at the city of'Wafli
•.jLQgton, and (hall have one fefiion in each
and every year, to commence on the firft
. annually, and that
Ufjfoupetfthe said justices (hall not attend
wunrn ten days after the time hereby ap
pointed for the commencement of the said
fclfion, the bufmefs of the-said court (hall
be continued over till the next dated fefii
on thereol— -Provided always, That any
one or more of the said julficcs, attend
ing as aturefaid, (hall have power to make
all necdlary orders touching any suit, ac
tion, writ of error, proccfs, pleadings or
proceedings, returned to the said court
or depending therein, preparatory to the
hearing, trial or dcciiion of fucli aftion,
fait, appeal, writ of error, prqcefs, plead
ing* or proceedings. And so much of the
entitled « An aft to eftablilh the ju
dhial courts of the United States," palfed
the twenty-fourth day of September, fe
ventccn hundred and eight) -nine, as pro
vides for the holding a fcllion of the su
preme court of the United States, on the
firlf Monday of Augu(t, annually, is
hereby repealed.
Sec. 2. And be it further evaded.
That it (hall be the duly of the alfociate
justice resident in the fourth circuit form
ed by this aft, to attend at the city of
Walhington on the firft Monday of Au
g'lft next, and on the firft Monday of Au-
Suft each and every year thereafter, who
nil have power to make all needfary or
ders touching any suit, action, appeal,
writ of error, procefii, pleadings or pro
ceedings, returned to the said court or de
pending; therein, preparatory to the hear
iftg, trial or dcciiion of such aftion, suit,
•ppcal, writ of error, process, pleadings
or proceedings: and that all writs and
rroccfs may be returnable to the said court
the (aid firft Monday in August, {tube
manner as to the feilion of the said
herein before directed to be holden
°9 tl»« firft Monday in February, and
JMy alfii bear the lefte on the said firft
Monday in August, ts though a fclfion of
faidgourt was holden on that day, and
« (hall be the duty of the clerk of the fu-
court to attend the said justice on
the said firft Monday of August, in each
| tod (very year, who (hall make due en
py **f »Hfuch marten and things as lhall
I•• he ordered as aforefaid by the
fWo justice, and at each and every such
evtgwft fefiion, all allions, pleas and o.
proceedings relative to any <.iu(V,
Os criminal, fiiall be continued over
tna enfulng February fefiion.
♦ffT** |» dad hi it fan her enaVrd,
all aftions, suits, process, pleadings
proceedings, U what nature or
t
kind soever, civil or criminal, which
were continued from the supreme court of
the United States, which was begun and
holden on the firft Monday of December
last, to the next court to have been holden
on the (irrt Monday of June, under the
acl which pafied on the thirteenth day
of February, one thousand eight hundred
and one, intituled, “ An aft to provide
for the more convenient organization of
the courts of the United States,” and all
writs, process and proceedings, as afore-
Tald, which are or may be made returnable
to the fame June feflion, shall be continu
ed, returned to, and have day, in the
felfion to be holden by this aft, on the
firft Monday of Augnft next; and such
proceedings (hall be had thereon, as is
herein before provided.
Sec. 4. And he it further enafied.
That the diftrifts of the United States,
(excepting the diftrifts of Maine, Ken
tucky and Tennessee) (hall be formed into
fix circuits, in manner following ;
The diftrifts of New-Hamplhire, Mas
sachusetts and Rhcde-Ifiand, (hallconfti
tute the firft circuit;
7 he diftrifts of Connecticut, New-York
and Vermont, (hall constitute the second
circuit ;
The diftrifts of New.Jerfey and Penn
sylvania, (hall constitute the third cir
cuit;»
7he diftrifts of Maryland and Dela
ware, (hall constitute the fourth circuit;
The diftrifts of Virginia and North-
Carolina, (hall constitute the fifth circuit:
and
The diftrifts of South-Carolina and
Georgia, (hall constitute the sixth cir
cuit, 4
And there (hall be holden annually in
each diltrift of the said circuits, two
courts, which shall be called circuit courts.
In the firft circuit, the said circuit court
(hall consist of the juilice of the supreme
court residing within the said circuit; and
the diftrift judge of the diftrift where
such court (hall be holden. And the felfi
ons of the said court, in the diftrift of
New-Haraplhirc, (hall commence on the
nineteenth day of May, and the second
day of November, annually; in the di
ftrift of Maflachufetts, on the firft day
of June, and the twentieth day of Ofto
ber, annually ; in the diftrift of Rhode-
Iftand, on the fifteenth day of June, and
the fifteenth day of November, annually.
In the second circuit, the said circuit
court (jiali consist of the senior afl’oeiate
jufticeof the supreme court residing with
in the fifth circuit, and the diftrift judge
of the diftrift where such court (hall be
holden j and the felfions of the said court
in the cjiftrift of Conncfticut, (hall com
mence on the thirteenth day of April, and
the seventeenth day of September, annu
ally—ln the diftrift of on
the firft day of April, and the firft day of
September annually—ln the diftrift of
Vermont, on the firft day of May, and
the third day of October, annually.
In the third circuit, the said circuit
court (hall consist of thcjuftice of the su
preme court, residing within the said cir
cuit, and the district judge of the diftrift
where such court Hull be holden; and the
felfions of the said court, in the diftrift
of Ncw-Jerfey, (hall commence on the
firft day of April, and the firft day of
October, annually—ln the diftrift of
Pennsylvania, on the eleventh day of A
pril, and the eleventh day of October,
annually.
In the fourth circuit, the said circuit
court (hall consist of the juftirc of the su
preme court refilling within the said cir
cuit, and the district judge of the diftrift
where such court (hall be holden ; and
the fc.fioni of the said court in the district
of Delaware (hull commence on the third
day ol Jane, ani the twenty.fevcnth day of
October, annually—ln the diftrift of Ma
rylun 1, on the firft day of May, and the
fevcnrli duv of Novem'xtr, annually ; to
be holden hereafter at the city of Balti
mure only.
In the fifth circuit, the circuit court
(hall consist of the present chief justice of
the supreme court, and the diftrid judge
of the diftrid where such court (hall be
holden ; and the feflions of the laid court
in the diftrid of Virginia, (hall commence
on the twenty.fecond day of May, and
the twenty.fecond day of November, an
nually—ln the diitrid of North-Caroli
na, on the fifteenth d.'iy of June, and the
twenty.ninth day of December, annu
ally.
In the sixth circuit, the said circuit
court (hall consist of the junior aflbciate
justice of the supreme court in the fifth *
circuit, and the diftrid judge of the di
ftrid where such court (hall be holden,
and the feftions of the said court in the
diftrid of South Carolina (hall commence
at Charleston on the twentieth
May, and at Columbia on the thirtieth
day of November annually : In the di
ftrid of Georgia, on the sixth day of
May at Savannah, and on the fourteenth
day of December hereafter at Louisville,
V annually : Provided, That when only
one of the judges hereby direded to hold I
the circuit courts, (hall attend, such
circuit court may be held by the judge
so attending, and that when any of the
said days (hall happen on a Sunday, then
the said court hereby direded to be hol
den on such day, (hall be holden on the
next day thereafter, and the circuit courts
constituted by this ad, (hall be held at
the fame place or places in each diftrid of
every circuit as by law they were rcfpec
tively required to be held previous to the
thirteenth day of February, one thou
sand, eight hundred and one, excepting
as therein before direded. And none
ot the said courts (hall be holden until af
ter the firft day of July next, and the
clerk of each diftrid court (hall be also
clerk of the circuit court in such diftrid,
except as is herein after excepted.
Sec. 5. And be it further entitled,
That on every appointment which (hall
be hereafter made of a chief justice or as
sociate justice, the said chief justice and
aflbciate justices (hall allot themfclves a
mong the aforefaid circuits as they (hall
think fit, and (hall enter such allotment
on record. And in case no such allotment
(hali be made by them at their felfion
next succeeding such appointment, and
also alter the appointment of any judge
as aforefaid, and before any allotment
(hall have been made, it (hall and may
be lawful for the President of the United
States, to make such allotment as he (hall
deem proper, which allotment made in
either case, (hall be bifl&ng until another
allotment (hall be the circuit
courts, conftitutcd by this Sd, (hall have
all the power, authority and jurifdidion
within the several diftrids of their re- „
fpedive circuits that before the thirteenth
day of February one thousand eight hun
dred and one belonged to the circuit
courts of the United States, and in all
cases which by appeal or writ of error are,
or (hall be removed from a diftrid to a
circuit court, judgement (hall be render,
ed in conformity to the opinion of the
judge of the supreme court presiding in
such circuit court.
See. 6. And be it further enafled,
That whenever any question (hall occur
before a circuit court, upon which the
opinions of the judges (hall be opposed,
the point upon which the disagreement
(hall happen, (hall, during the fame term,
upon the request of cither party, or their
council, be stated under the direction of
the judges, and certified under the Teal
of the court, to the supreme court, at
their next feflion to be held thereafter;
and (hall, by the said court, be finally
decided. And the dccifion of the supreme
court, and their order in the prtmifes,
(hall be remitted to the circuit courr,
and be there entered of record, and (hall
have effect according to the nature ot the
said judgment and older; Provided,
ihat nothing herein contained (hall pre
vent the caufc from proceeding, if, in the
, opinion of the court, farther proceedings
can be had, without prejudice to (he
merits: And provided also, that im
prisonment (hall not be allowed nor pu
nishments in any case be inflided, where
the judges of the said court are divided
in opinion upon the question touching
the (aid imprisonment or punKhment.
Sec. 7. And be it further enacted.
That the did rid of North Carolina (hall
be divided into three didrids, one to
confid of all that part thereof which by
the laws of the date of North Carolina,
oow forms the didrids of Edenton and
.'Halifax, which didrid (hall be called the
diftrid of Albemarle, and a didrid court
in and for the fame, (hall be holdcn at
Edenrort by the didrid judge of North
Carolina on the third Tuefday in April,
on third Tuefday in Augud, rnd on
the third Tuefday in December, in each
and every year; one other to be called
the didrid ol Pamptico, and to confid:
ot all that part of North Carolina which
by the laws of the said date now forms
the didrids of Newbcrn and HilUho
rough, together with all that part of the
didrid ot Wilmington which lies to the
northward and ealtward of new river;
for which didrid ofTamptico, a didrid
court fliall be holden at Ncwbern by the
didrid judge lad aforefaid on the second
Tuefday in April, on the second Tuefday
in Augud, and on. the second Tuefday
in December, in each and every year;
and one other to confid ol the remaining
part of the said didrid of North Caroli
na, and to be called the didrid of Cape
tear, in and for which a didrid court
(hall be holden at Wilmington by the
I diftrid judge lift aforefaid, on the firft
1 ueiday in April, on the firft Tuelday
in Augud, and on the firft Tuelday in
December, in each and every year ; which
said diftrid courts hereby direded to be
holdcn (hall refpedively have and excer
cife within their several didrids, the
fame powers, authority and jurifdidion,
which are veded by law in the didrid
courts ol the United States.
Sec. 8. And be it further entitled.
That the circuit court and didrid courts
for the didrid of North Carolina (hall
appoint clerks for the said courts respec
tively, which clerks (hall refidc a*nd keep
the records of the said courts at the pla
ces of holding the courts, whereto they
(hall refpedively belong, and (hall per
form the fame duties and be entitled to.
and receive the fame emoluments and
refpedively which are by law cftabliffied
tor the clerks of the circuit and didrid
courts of the United Slates, refpedively.
Sec. 9. And be it furihet enatted ,
i nat all adions, causes, pleas, procet*
ana other proceedings relative to anv
cause, civil or criminal, which (hall be
returnable to, or depending in the feve-.
ral circuit or didrid courts of the United
States, on the firft day of July next,
shall be and are hereby declared to be re
fpedively transferred, returned and con
tinued to the several circuit and didrid*
courts condituted by this ad, at the/ '
times herein before and herein after
appointed for the holding of each of the
said courts, and (hall be heard, tried and
determined therein in the fame manner
and with the fame efled, ns if no change
had been made in the said courts. And
it (hall be the duty cf the clerk of each
and every court hereby condituted, tp
receive and to fake into his fafe keeping
the writs, process, pleas, proceedings and
papers ol ail thole causes and adions
which by this ad (hall be transferred,
returned or continued to such court, and
also all the records and office papers ot
every kind refpedively belonging to the
courts abolidicd by the repeal of the ad
entitled “an ad to provide for the more
convenient organization of the courts of
the United States,” and from which the
said causes (hall have been transferred as
aforefaid.
Sec. 10. And be it further enabled,
That all (uits, process, pleadings ard o
ther proceedings, of what natute or kind
(tor the remainder, sic ftrji pagt.J
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