The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, October 31, 1789, Image 1

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SATURDAY, Oflober 31, 1789.] THE AUGUSTA CHRONICLE A $ D GAZETTE of the STATE . FREE DOM of ,h. PRES 3, and TRIAL b 7 JURY, Hall remain imriolaw. Nrw C.n/,u.„ n »f AVGUSTA: Print'd by JOHN E. S M IT H, P.h.ti» to the State; Intelligence , Advertisements , £? f . «<// be gratefully received, and every kind of Printing performed. Jin Aa to tftublijb the JUDICIAL COURTS , of the UNITED STATES. BE it cnaAed by the Senate and House cf Ripri entati'vei of tbe United States of America in Controls ajfembled , That the fu premc court of the United States (hall confid of a chief justice and five afl'ociate • justices, any four of whotxi (hall be a quorum, aud ihall hold annually at the feat of government tyvo feflioßs, the one commencing the fiifl Monday of February, and the other the firft Monday of August. That the adbeiate jus tices (hall have precedence according to the date* of their comini (lions, or when the cora inifiions, of two or mare of them bear date ©n the fame day, according to their respec tive ages. : "*■% And be it further enafied, That (he. United States (hall be, and they hereby . are divided into thirteen didrifts, to be limited and cal led as follows, to wit: One to con fid of that part of the date of Matiachufetts winch lies eaderly of the date «.f New-Hampfliirc, vend to be called Maine Didrift ; one to confid of the date of New-Hamprtiire, and tube called » New-Hamp(hire Didrift; one to cOnfift of the remaining part of the d>e of Massachu setts, and to be called Madachufetts Didrift ; ,-i one to coufid of the date o f £ ’onnefticut, and to be called Couueftitu. Diftrift; one to con fill of the date of New-York, audio be cal led New-York Didrift; one to coufid of the flaMLof New-Jersey, and to be called Ncw jerfey Didrift; one to coufid of the date of Pcnofyivania, and to be called Peunlylv-nia Didrift ; one to coufid of the date of Dela ware, and to be called Delaware Didrift; one to coufid of the date of Maryland, and to be called Maryland Diflnft; one to coufid of the date of Virginia, except that part called the Dlduft of Kentucky, and to be called Virginia Didrift ; one to confid of the remaining part of the date of Virginia, and to be called Kentucky Didrift; one to confid of the date of Souih-Carolma, aud t» be called the South-Carol na Didrift ; and one to confid of the date of Georgia, and to be called Georgia Didrift. f 1 And be it further tnafied, That there be a court called a Diiirift Court, in each of the aforementioned diftrifts, to confiil of one judge, who thall refirip injthe didrift for which he is appointed, aud (hall be called a Didrift Judge, and (hall hold annually four feflions, the fill! of which to comme.ac?as follows, to . wit : In the didrifts of New-York and New- Jersey on the fird, in the didrift ojrPennfyl vania on the fecoud, in the didrift of Connec ticut on the thud aud in the diffrift of Dela-* ware, on the fourth Tnefdays of November next; in the adidrifts of Maffacbu&tts, of, Maiue, and of Maryland, on the fird, in the didrift as Georgia on the fecoud, and in the didritt6 of New-Hampflitre, of Virginia, an<\ of Kentucky, on the third Tnefdays of December next; and the other three fedious ptogredively in the re(peftive didrifts on the like TueldayS of every third calender mouth afterwards, anti in the didrift of South-Caro lina, on the third Monday in March and Sep tember, the fird Monday iu July,- and the fe cund Monday of December of each and every year, commencing in December uext; and that the Didrift Judge (bajbjbave power to hold special courts at his That the didrift ; court (hall be held at the places following, to wit : la the didrift of GEORGIA. Maine, at Portland and Pownalborou >h alter na-ely, beginning at the firft; in the diltrirt of New-Hauipilme, at Exeter and Poitfinouth alternately, beginning at the firft; in the di ftrift oi Maffachofetts, at Bqllon aud Salem alternately, beginning at the firft..; in the di ftri/t of Copnerticut, alternately at Hartford and Newhaven,:beginning at the firft; in the djftrift of New-York, at New-York ; in the diftrid of. New>Jerfey, alternately at New- BrunlwicU and Burlington, beginning at the firft ; in th? diftrid cf Pgnnfylvaoia, at Phi ladelphia and York-Town alternately, begin ning at the firft; in the diftnd of Delaware, alternately at New Castle and Dover, begin ning at the fit ft ; in the diftrid of Maryland, alternately at Baltimore and Eaftou, begin ning at the firft ; in the diftridfif Virginia, alternately at Richmond and Williamfburgh, beginning a» the fit ft ; in the diftrid ot Ken tucky, at Harfodlburgh; in the diftrid of South-Caroltua, at Chatlefton ; and in the di ftrid of Georgia, alternately at Augusta, beginning at the firft ; —and that the special courts lha!l be held at the lame place in each diftrid as the stated courts, or in di ftiids that have two, at either of them, in the diferetion of the judge, or at- ,such other place in the diftrid, as ihe na ture of the business and his diferetto*! lhaij dircd„.. And that in the diftrids that have fciu one place for holding the diftrid court, the records thereof Ihallhe kept at that place ; and in diftrick that have two, at that place in each diftrid which the judge l l hall appoint. And be it further t» iCied, That • : before mentioned diftrids, except those of Maine aud Kentucky, lhall be divi.led into thiee circuits, anri be called the ealtern, the middle and the southern ci»cuit. That the eallein circuit lhall confilt of the diftrids of New ld amp flare, Mailachufetts, Connedicot and New-York ; that the middle circuit thail con lift of the diftrids of New-jersey, Peuniyi* vania, Delaware, Marylaud and Virginia; and that tbelouthem circuit Ihaii cun fill of the diftrids of South-Caiolina and Georgia, aud that theie (hall be held annually in each diftrid of Paid circuits, two courts, which lhall be called Circuir Courts, and thail con fill of any two jultices of the Cupreine court, and the diftrid judge of luch diftrids, any two of whom lhall conflitute a quorum : Pr&vtuetl, Thai no diftrid judge Hull give a vote in any calc of appeal or error from his own c’ecifion, but may aftign the reasons of fuchdiis decision. And be u junhev. enacted, That the firltfel fioc of the laid circuit comt in Hie levetal di ftrids, lhall commence at the tipies follow ing, to wit t Jn New-Jetfcy on .the letond, in NewrYork on the fourth, in Pennsylvania on the eleventh, i:i Cotmedicut on the tweuty fecond, and iai Delawarean the tWenty-le venth, days of April next; in Mifachjjlerts. on the third:; in Maryland on thefeveuth, 1 in . South-Carolitfa on the twelfth, in New-Hamp- •. (hire on the! twentieth, in Virginia.ou the twenty-second, and in Georgia on the twenty ty-eight days of May next; and the lubie quen» feffion6 -hi the refpedive di.U.iids on the like days of every lixth calendar months af terwards, except in South-Candina, where the fefiion of the said court I’, II commence on the firft, and in Georgia where it Hull commence on the feveuteenth day of October-, and except when any of those days fhalfhap pea oa a Sunday, aad then the ftlhon ftwll [Vol. IV. No. CL XI.J commence on the next day following. And the leftions of the fatd circuit court thall be held in the dirtridt of New- Hampthiie, at Portfmou'h-and Ex.ctet alernateiy, beginning at the <firft-f in the diftnd of Nfaiiachufetts at Bofion ; hi the drflrid of Connecticut, al .teinately at Hartford and New-Haven, be ginning at the lad;"in the dittnct of New . York, alternately at New-York and Albany, beginning at the firft ; in the district ot New- Jerley, ar Trenton; in the diftrift of Penn sylvania, alternately at Philadelphia and Yotk- T< wn, beginning at the firft; in the d.ltnft of Delaware, alternately at New Cattle and Dover, beginning *t the fitft; in the dtflrift of Maryland, alternately at Annapolis and" Ealton, beginning at the firft; m the diflrift of Vtigima, alternately at Ciuiiottefville and WiliiamlLurgh, begmuing at the fitft; in the diltridt of South Carolina, alternately at t o lumbia and Charleston, beginning at the firft; and in the diltrift of Geoigia, aitetnately at Savannah and Aogafia, hegiuntng at the firft. And the cticurt Courts (lull have power to hold special leftions for the trial ot criminal causes at any other time at their dilcietiun, or at the difcietion of the supreme court. , A d It n Jkribtr euactti., That the fuffeme couit may, by any one or more of its jufticea teing ptelent, be arijqurned from day today, until a quorum be convened; and that*a cir cuit court may also Leaojouined from day to day by any one o* its judges, or if none are pi clem, by the roartha l of the diftrirt until a quorum be convened; and that a diftnft court, in case of the inability of the judge to attend at the commencement of a ledion, may by virtue of a written order from the said judge ■ directed to the maithal of the diftricT, tie-aojoumed by the laid marflial to such day, antecedent to the next Hated leftion of the said court, as in he laid order (hall be appointed, and in case of the death: of the said judge, and hts vacancy not being supplied, all pro cess, pleadings and proceedings of what na ture soever, pending befoie the said court, (ball be continued of course until the next Hated feflton after the appointment and ac ceptance of the office by his fucceftor. And be it exacted. That the supreme court and the district cour.s, fhalfhave power to ap point clerks Jor their icYpeCttve courts,'and that the clerk for each-diftricT court thall be cletk also of the Circuit court in such diftrift, and each 1 of the laid elftks thall, before h<j enters upotr the execution of hts office, take the following oath or affirmation, to wit: “ £ “ A. B. being a’ppoiuted clerk of , “ do fdlcmn'y swear, or affirm, that I will “ truly and fj-itbfolly enter and recotd sll the “ orders, denees, judgments, ai.d proceed “ tugs of the laid court, and that I will “ faithfully and impartially dil'iharge and “ petfoim'*all the riuttes of my said office, “ according to the heft of my abilities and “ tmdei Handing. So help me God.” Which words; so help me God, (hall be omitted in all cases where an affirmation is admitted in deed of an oath. And the said clerks (hall al so severally give bond, with fufficieut sureties (to be approved of by the supreme and di- Hritt courts refpeClively) to the Uuited States, in the font of two thoufaud dollars, faithfully to difeharge the duties ot his office, and sea sonably to record the decrees, judgments and deteiminatious of the court of which he is clerk.-