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I , 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the holding a fcllion of the su preme court of the United States, on the firlf Monday of Augu(t, annually, is hereby repealed.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 i