The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, June 26, 1802, Image 6

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(Continued fretn frf sage,) soever, depending in the citcuit coutt in the diftrift of Ohio, and which shall have been, or may hereafter be commenc- Mcd within the territory of the United . * States north weft of the rivet Ohio, in the fa:d court, (hall, from and after tnc firft day of July next, be continued over, returned, and made cognizable, in the superior court of the said territory next thereafter to be holdcn, -and all aftions, suits, process, pleadings, and other pro ceedings as aforefaid depending in the circuit court of the said diftrift, and which (hahave been or may hereafter be commenced within the Indian territory in said court, (hall, from and after the day July next, be continued over, returned and made cognizable in the fu rrier court of the said Indian territory, «cxt thereafter to be holden. Sec. 11. And he it further enabled, T hat in ail cases in which proceedings /hall on the said firft day of July next, be pending under a commiflion *ofbank * TU£tcy issued in pursuance of the aforefaid entitled ** an aft to provide for the t»Ore f organization of the courts bf the United States," the cogni zance or the fame (hall be, and hereby is transferred to, and vested in, the diftrift ju ige of the diftrift within which such commiflion Ihall have issued, who is here by empowered to proceed therein in the tame manner and to the fame effeft, as if fach commiflion of bankruptcy had been issued by his order. Sec. 12. And be it further enabled ’, ; ! hat from and after the firft day of July .next, the diftrift judges of Kentucky and Tenneflee, (hall be arid hereby are fevc. rally entitled to a fa la ry of fifteen hun dred dollars, annually, to bc'paidquar -rer yearly at the treasury of the United otates. . . Sec, 73, And be it further enadtedy That the madhals and attornics of the United States, for the diftrifts which were not divided, or within the limits ol which, new diftrifts were not erefted, by the aft entitled “ an aft to provide lor the more convenient organization of *he courts of the United States," puffed thirteenth day of February, one thou, fund eight hundred and one, (hall con tinue to be marftials and attornics for such diftrifts refpeftively, unless remov ed by the President of the United States, and in all other diftrifts which were di tyided or within the limits of which new diftrifts were erefted by the last recited •ft, the President of the United States be, and hereby is empowered, from and alteMhe firft day of July next, to dif cdntinue all such fupernumcrary marshals and diftrift attornics of the United States, 7n such diftrifts refpeftively, as he (hall deem expedient, so that there (hall be but one marshal and diftrift attorney to each diftrift; and every marshal and di srift attorney who shall be continued in offiee, or appointed by the President of the United States in such diftrifts, shall have and cxercife the fame powers, per form the fame duties, give the fame bond with sureties, take the fame oath, be - fubjeft to the fame penalties and rcgula. tious as are, or may be preferibed by law, in refpeft to the marshals and diftrift at tornics of the United States. And every, tnarlhal and diftrift attorney who (hall be so difeontinued as aforefaid (hall be holdcn to deliver over all papdrsi matters and things in relation to their refpeftive offi ces, to such marshals and diftrift attornics V who (hall be so continued or appointed as aforefaid in such diftrift in .the fame manner as is required by law, in' cases of resignation or removal from office. Sec. 14. And be it further enabled, 1 hat there (hall be appointed by the Pre sident of the United States, from lime jo time, as many;gencral commiffioncrs ot bankruptcy, in each diftrift of the United States, as he may deem necessary ; and upon petition to the judge of a di ftrift court for a commiflion of bankrupt, cy, he (hall proceed as is provided in and by an aft, entitled u An aft to cftablilh an uniform system of bankruptcy through out the United States," and appoint, not exceeding three of the said general com missioners as commiffioncrs of the particu lar bankrupt petitioned against ; and the said commiffioncrs, together with the clerk, (hall each be allowed as a full compensation for their fcrviccs, when fitting and afting under their commissions, .at the rate of fix dollars per day for eve ry day which they may be employed in thp fame hufinefs, to be apportioned a mong the several causes on which they may aft on the fame day, and to be paid - out of the refpeftive bankrupt’s estates: That the commiffioncrs, who may have been, or may be appointed in r' • any diftrift before notice (hall be given «■ * of ibc appointment cf CfirroifftMfs fcf such diftrifl by the President in pursuance of this aft, and who (hall not then have completed their business, (hall be aurho rized to proceed and finilh the fame, epen the terras of their original appointment. Sec. ip. And be it further enailedy That the stated feflion of the diftrifl court, for the diftrifl cf Virginia, here tofore direfled to be holden in the city of Williamlburg, shall be holden in the town of Norfolk, from and after the firft day of July next, and the stated fdfions of the diftrifl court for the diftrifl of Maryland, (hall hereafter he holden in the city of Baltimore only; and in the diftrifl of Georgia, the stated feflions of the diftrifl court shall be held in the city of Savannah only. Sec. 16. And be it further enailedy for the better cftablilhment of the courts of the United States within the ftatc of Tennessee, the said state shall be divided in two diftrifls, one to consist of that part of said state, which lies on the eait fide of Cumberland mountain, and to be called the diftrifl of East Tennessee, the other to consist of the remaining part of said state, and to be called the diftrifl of Weft Tennessee, Sec. 17. And be it further enailedy That the diftrifl judge of the United States, who shall hereafter perform ihe duties of diftrifl judge, within the state of Tennessee, shall annually hold four feflions; two at Knoxville, on the fourth Monday of April and the fourth Mon day of Oftober, in and for the diftrifl of East Tennessee, and two at Nashville, on the fourth Monday of May, and the fourth Monday of November, in and for the diftrifl of Weft Tennessee. Sec. 18. And be it further enabled, That there shall be a clerk for each of the said diftrifls of East and Weft Tennessee, to be appointed by the judge thereof, who shall reside and keep the records of the said courts, at the places of holding the courts whereto they rcfpeflively shall belong, and shall perform the fame duties, and be entitled to, and receive the fame emoluments and fees, which arc cftablifh ed by law for the cletks of the diftrifl courts of the United States, refpeflively. Sec. ig. And be it further enailedy That there shall be appointed in and for each of the diftrifls of East and Weft Teu peffee, a marlhal, whose duty it shall be to attend the diftrifl courts hereby estab lished, aild who shall have and excrcife within such diftrifl, the fame powers, per form the fame duties, be fubjefl to the fame penalties, give the fame bond with furetics, take the fame oath, be entitled to the fame allowance, as a full coiftpenfa tionforall extra services, as hath here tofore been allowed to the marlhal of the diftrifl of Tennessee, by a law passed the 28th day of February, one thousand fpvcn hundred and ninety.nine, and shall receive the fame compensation and emo luments, and in all refpefls be fubjefl to the fame regulations as are now prescribed by law, in refpcfl to the marshals of the United States, heretofore appointed: Pro <vided t That the marshals of the diftrifls of East and Weft Tennessee, now in of fice, shall, daring the periods for which they have been appointed, unltfs fooncr removed by the President of the United States, be and continue marshals for the several hereby eftablilhed, within which thgd9Hkfttvely reside. Sec, 20. <4*d he it further mailed, That there shall be appointed for each of the diftrifls of East and Weft Tennessee, a person learned in the law, to afl as at torney for the United States within such diftrifl; which attorney shall take an oath or affirmation for the faithful performance of the duties of his offlee, and shall pro secute in such diftrifl, all delinquencies, for crimes and offences, cognizable under the authority of the United States, and all civil aflions or suits in which the U nited States shall be concerned ; and shall be entitled to the fame allowance, as a full compensation for all extra services, as hath heretofore been allowed to attor nics of the diftrifl of Tennessee, by a law passed the twenty.eighth day of Fe bruary, one thousand seven hundred and ninety.nine, and (hall receive such com pensation, emoluments and fees, as by law are or shall be allowed to th» diftrifl attornics of the United States, respec tively : Provided , That the -diftrifl at torniesof East and Weft Tennessee, now in office, shall severally and refpeflive ly be attornies for those diftrifls within which they reside, until removed by the President of the United States. Sec. 21. And be it further enailedy That all aflions, suits, process, pleadings and proceedings, of what nature or kind soever, which (hall be depending or ex isting in the sixth circuit of the United Slates, within the circuit courts of the diftrifls of East and Weft Tennessee, {hall be and hereby are continued over to the diftrift courts eftablifticd by this aft in manner following, that is to fay : All such as (hall cn the firft day of July next, be depending and undetermined, or ftiall then have been commenced, and made re- , turnable before the circuit court of East Tennessee, to the next diftrift court here by direfted to be holden, within and for the dillrift of East Tennessee ; all such as ftiall be depending and undetermined, or (hall have been commenced and made re turnable before the circuit court of Weft Tennessee, to the next diftrift court here by direfted to be holden, within and for the diftrift of Weft Tennessee; and all the said suits ftiall then be equally regular and effeftual, and (hall be proceeded in, in the fame manner as they could hi. e been if the law, authorising the eftabliftiment o( the sixth circuit of the United States, had not been repealed. See. 22. And be it further ena&ed. That the next feftion of the diftrift court for the diftrift of Maine, (hall be holden on the last Tuefday in May next; and that the feftion of the said court heretofore holden on the third Tuefday in June, an nually, (hall thereafter be holden, annu ally, on the last Tuefday in May. Sec. 23. And be it further enadied, That all writs and process which (hall have been issued, and all recognizances returnable, and all suits and other pro ceedings which have been continued to the said diftrift court on the third Tuef day in June next, (hall be returned and held continued to the said last Tuefday of May next. Sec. 24. And be it further enafled. That the thief judge of the diftrift of Columbia, (hall hold a diftrift court of the United States, in and for the diftrift, pn the firft Tuefday of April, and on the fir ft Tuefday of Oftober in every year; which court (hall have and ex«||jfe, with in the said diftrift, the fame powers and jurifdiftion which are by law veiled in the diftrift courts of the United States. Sec. And be it further enaßed, That in all suits in equity, it (hall be in the diferetion of the court, upon the re quoft of either party, to order the testi mony of the witnesses therein ro be taken by depofirions; which depositions (hall be taken in conformity to the regulations preferibed by law for the courts of the highest original jurifdiftion in equity, in cases of a (imilar nature in that (late in which the court of the United States may be holden— Provided, however, That nothing herein contained (hall ex tend to the circuit courts which may be holden in those dates, in .which tellimony in chancery is not taken by deposition. . Sec. 26. And be it further enabled. That there (hall be a clerk for thei diftrift court of Norfolk, to be appointed by the judge thereof, which clerk (hall reside and keep the records of the said court at Nor folk aforefaid, and (hall perform the fame duties, and be entitled to, and receive the fame fees and emoluments which are e ftablilhed by law for the clerks of the di ftrift courts of the United States. Sec. if And be it further enafied. That from and after the firft day of July next, there (hall be holden annually, in the diftrift of Vermont, two dated sessi ons of the diftrift court, which (hall com cencc on the tenth day of Oftober, at Rutland, and on the seventh day of May, at Windlor, in each year; and when ei ther of the said days (hall happen on a Sunday, the said court hereby direfted to be holden on such day, (hall be holden on the day next thereafter. . Sec. 28. And be it further enadlcd. That the aft; entitled “ an aft altering the time of holding the diftrift court in Ver mont,” and so much of the second feftion of the aft entitled ** an aft giving effeft to the laws of the United States within the date of Vermont,” as provides for the holding four sessions, annually, of the fa ; d diftrift court in said diftrift, from, i, and after the firft day of July next 1 , be and hereby are repealed. Sec, 2q. And be it further enabled. That the clerk of the said diftrift court (hall not issue a process to summon, or cause to be returned, to any session of the said diftrift court, a grand jury, unless by special order of the diftrift judge, and at the requert of the diftrift attorney ; nor (hall he cause to be summoned or re.- turned a petit jury to such sessions of the said diftrift court, in which there (hall appear to be no issue proper for the trial by jury, unless by special order of the judge as aforefaid. And it (hall be the duty of the circuit court in the diftrift of Vermont, at their Hated sessions, to give in charge to the grand juries, all crimes, offences and raifdemeanors, as are cogni zable, as well in the said diftrift court, ' as the said circuit court, and such bills of | indiflment as {hall be found in the c * • court, and cognizable in the (aid jjTg court, (hall, at the difctetion of the rS cireutt court, be transmitted by ,h cc S of the raid court, purfuan, , 0 thc of the fatd circuit court, with a i| ma « , and things relating thereto, to the ditf'i court next thereafter to be holden ; n R? diftria, and the fame proceedings be had thereon in said diftrift court though said bill of indiftment had o-io-t* nated and been found in the said dift r |A courtu And all recognizances of wi tne f fes, taken by any magistrate in said & ft rift, for their appearance to telfify j' any case cognizable in either of the faU courts, shall be to the circuit court next thereafter to be holden in said diftrift. Sec. 30* And be tt further etiadti That from and after the pafiing 0 f this aft, no special juries (hall be returned by the clerks of any of the said circuit but that in all cases in which it was the duty of the said clerks to return juries before the palling of this aft, i t (b a j| be .the duty of the marihal for the diftrift where such circuit court may be held, to return special juries, in the fame manner and form, as, by the laws of the refpec. live states, the said clerks were required to return the fame. NATHANIEL MACON, Speaker " °f tbe ~ Hiufe of Reprefentatweii ABRAHAM BALDWIN, p rr j u dent of the Senate pro Approved, April 29, 1802. ■•.« ■ ?• Th: JEFFERSON, Prudent of the United States. *£l DIRECT T A X. To the Inhabitants of thejirjl Colic dim Di/iribl, being within the county of Huh. mond and /late of Georgia, YOU are hereby notified that the tax which has been dwelling, houses, lands and wiih in this diftrift, by virtue of an aft of Congress, paff;d thc 14th July, 1798, entitled, “ An aft t» lay and collefti direst tax,” has become due and pay a< ble ; and that I will attend for the city of Augusta, at Mr. Carrie's, on Sator. day the 26 h instant; in capt. Lacy's di. flrift, at Mr. John Rhodens, on Mod.' day the sth July ; in capt. Hatcher's <ii. ftrift, at Mr Elijah Anderson’s, on Sa. turday the 10 th, and in capt. Mil. * net’s diftrift, on Saturday the 17th July next, to colleft the fame, cf which all persons concerned, arc to take notice. In conformity to the 6th feftion of the said aft, a full and correft copy of the tax lift regains in thc office of John Mi* thews, Esq Supervisor of the Revenue for the Diftrift of Georgia, open to ail persons inclined to infoeft thc fame. GEORGE WATKINS, ColleQor I sl Di/irid, Auzufl.a. June 1, 1802. E'ale , tICA I ne, I , ■ ■ pelii»g B I I h 33“ ■ 'I ■ . isl w . * ''*** I ton Hose, 8 Ditto, ditto Hats, _ 8 Grey Linens, Calicoes and ChintzJJ* B • All of which will be fold low for CeJ B i or Produce. B ALSO ON CONSIGNMENT, B I I Crates well assorted Crockery', an ' 8 2 boxes Glass Ware. , H Which will fye fold low for Cotton, an ■ a liberal price allowed for that article B exchange. saMU£L m> SMYTH. I April 22, .Bj Brought to Augusta jail, Ift M arch, a negro feUow named B who fays he belongs to Mrs. Willi*® ■ in Wilkes county. ( ■ The owner is reqneftcd to come ■ ward and prove her property, pay® B and take him away. I HENRY TATK, Jatlor> m May ta. H ShsrilFs Blank Titles I | at this Office. 1 : • xW'