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Con is in favor of such their validity, or where
is drawo iu quel’ion the conftrudion of any
Clause of the conliitution, or of a treaty, or
statute of, or conuru'ffiou he!(f under the Unit
ed States, ind the deciiion is agairift the title,
right, privilege or exemption specially set up
or claimed by either party, udder such clause
of the said conftitutton, treaty, statute or
•oinmtffion, may be re-examined and revert
ed or affirmed iu the supreme court of the
United States upon a wtit of error, the cita
tion being Ggned bv the chief just ice hr judge
or chancellor of the court, rendering or palling
the judgmen br decree complained o*, or by
a jurttce ol the fupteaac court of the United
States, in the fame manner and under the
fame regulations, and the writ lliall have the
tee effect, as if the judgment or decree
complained of had been rendered or pa died in
a circuit court, and the proceeding upon’ the
reversal lhail also be the fame, except that
the fupteme court, indead of remanding the
fcaul'c for a final decifion'as bcffbie provided,
may at their dlfcreuon, if the cauie lhail have
been once remanded before, proceed to a fi
nal decilion of the fame, and award execu
tion. But no other error (hall' be assigned or
regarded as a ground of reversal in any such
case as aforelaid, than such as appears tm the*
face of the r.cord, and immediately respects
the beforementioned queitions of validity or
couftructiorf «f the faiff constitution, treaties,
flacutes, coinimflioiib or authorities in difpnte.
. And be it further enabled, That in all cases
brought befoie either of the courts of the
United States 10 recover the forfeiture an
nexed to any articles of agreement, cove
nant, bond, or other fpccialty, where the
fo.feiture, breach, or non-performance 1
lhail appear, by the default or confeffion of
the defendant, or upon demurrer, the court
before whom the a lion is, lhail render judg
inent therein tor the plaintiff to recover so
much as is due according to equity. And
when the sum t'*r which judgment ihduld be
rendeied is uncertain, the fame (half, if ei-‘
ther of the parties request it, be afTefitd by a'
jury.
And b it further enacted, That a marlhafl
lhali be appointed iu and fur each diftnet for
the term ot four years, but (hill be remova
ble from office at pleasure, whole duty it Hull
be, to attend'the diftriCi an circuit courts
# wiie/i fitting therein, and aifo the supreme
court in the dillrict in hich that court rtiali
fit. And to execute throughout the dillrict,
all lawful precepts directed to him, and ifln
ed under the authority of the United States,
and he (hall have power to command all ne
cellary affinance in the execution of his duty,
and to appoint, as there lhail be occasion, one
or, more deputies, who (bail be removable
from office by the jud*e of the'diftrift court,
or the circuit court li ting within the diftritt,
at the pleasure of either, and beforehe enters
on the duties of his- office, he lhaH become
bound for the faithful performance of the
fame, by hunfeif and by his deputies before
the judge of the dtftriCt court, to the United
States, jointly and federally, with' two good
and fuffieifnt sureties, inhabitants and free-*
holders of inch diftrid, to be approved by the *
diftrifl judge in the sum of twenty thonfaud
dollars, and lhail take before said judge, a& 1
shall also his deputies, before they enter on
the duties ot their appointment, the foliow
. ing oath ot office : “ IA. B. do solemnly
“ swear or affirni, thatl will faithfully execute
“ all lawful,precepts directed to the tnarihaft
“ of the diltri<s of , under the au
♦•fthority of the United States, and true re
“ turns make,' anti in all thifigs well and truly
“ and without malice or partiality, perform
“ the duties of the "office of marfiiali, (or
“ marfhaHVdeputy,>as the case may be) of
“ the diltrid of during my con
“ tinuance in laid office;and takerouly my law
“ fuf fees. So help me God p
And be it further ena ted , That in all causes
wherein the mat lhail \>r his'deputy, lhail be
a party, the writs and'precepts therein lhail
be directed to such dilinterefted perfoh as "the
court, or any jnftioer or judge thereof may ap
point, and'tbe perfun so appointed;*is hereby
atithoriled to execute and retoril the fame.
Aaul in case of the death of airy marfiiali, his
deputy or deputies (hall continue- in office,
Tjaief6 otherwjie fpecjally removed; and lhail
execute the fame in the name ofthefleceafcd,
until another manhall lhail be appointed and
sworn:- And the defaults ffirhwsfeafafcces' in
office of luch deputy ■“
time, as well as before, (hall be adjudged a .
breach of the condition of the bond given, as
before directed, t»y themarlhall who appoint
ed j and'jhe executor or admiuittrator
• of the deceased marihall thail have like reme
dy for the defaults jfnd rriisfcatances in orfice
of fuel) deputy or deputies during such inter
val, as they would he entitled to if the mar
lliall ‘had continued in life and in the exerctfe
of bis said office, uutil his fuccelfor was ap
pointed, and sworn or : And every
mar thail or his deputy when removed from
office, or when the teim for which the mar
thdli is appointed fliall expire, lhalfhave pow
er no'rwithftaSdiiig to execute all such precepts
as may be in their hands refpettively at 'the
time of such removal or eSpiratiou of office;
and the' marihall lhall be held answerable for
the delivery to his fuccelfor of all prisoners
which raa> Ue in his cufto'dy at the time of his
j removal, or when the term for which he is
appointed thail expite, and for that purpose
may retain fiulf prisoners in his custody until
his fuccelfor lhall. be app Tnted and qualified
as the law directs.
And be it further enac'td, That in cases pu
nitliable with death, the trial lhall be bad in
the county where the offence was committed,
or where that cannot be done without great
inconvenience, twelve petit jurors at lead lhall
be fuminoned from thence. And juiors in
all cases to serve m the courts 'T the United
States lhall be tiefignated by lot or otherwise
iu each state refpettively according to the
mode of forming juries therein now prattifed,
so far as the laws of rhe fame fliall tender
such delignation practicable by the coutts or
mailhalls of the United States;'aud the jur
oi s lhall haVe the fame qualiffcat ons is are
requfite for jurors by the laws of the ftaie of
which the yare citizens, to serve in the highest
courts of law of such date, and lliall fee leturned
as there fli-*ll be occaliou for them, from such
pans of the difttief from time to time as the
court lhall duett, so as lliall be tiioft favor
able to an impartial trial, and so as not to
incur an unnecelTary expence, or unduly to
burthen the citizens ot any part of the diftriff
with luch let vices- And writs of venire fa
cias when directed by the court fliall issue
from the clef It's < ffice, and lliall be served and
returned by the nfatlhall in Ins proper per lon,
or by his deputy, or in case the marihall of
his deputy i k not an iudiffeient person, or is
imeretted in the event ot the cause, by such
fit perfon'as the coiirt lhall specially appoint
for that purpose, to whom they lhall admini
tter an oath or afferihafuon, that he will truly
and impartially serve and return ftich wtit.
And when from challenges or otherwise the'e
fliall not be a jury to determine any civil or
criminal caule, the matihall or h;s deputy
fliall, by order of the court where ftfch de
feat of jurors shall happen, return juiymtn
de talibus circumftanribus fufficient to com
plete he pannel; and when the maifliall or
his deputy arc difqualified as aforclaid, jurors
may be returned by such difimerefted person
as the court lhall appoint.
Ana be it further tni\tiid, That the mode ot
proof by oral teflimony and examination of
witaeffes in open conrfj fliall be the,fame in
all the courts of the United States, as well in
the trial of caufe* in' equity and of admiral
ty and maritihie jutifdiCfion, "as of adions at
common law. And when the testimony of
any person fliall be niceffary in any civil cause
depending in any dittrid iu any court of the
United States, who thail live at a greater dlf
tance frora\he place of trial than one-hundred
miles, or is bound oil a voyage to Tea, or is
about to go out of the United States, or out
of fuchdifttid, and toa gteater diltance from
the place of trial thahas afore fa id, beiore the'
time of trial, or is'ancient or very infirm,
the deposition of such person may be taken de
bene effe before any jultice or judge of any
of the courts of the United States, or before
any chancellor, juiliceor judge of a supreme
or luperior court, mayor or chief magistrate
of a city, or judge of a county court or court
of common pleas of atSy of the United States,
not being of counsel or attorney to either of
the parties, or interested in the event of the
caule, provided that a notification from the
magistrate before whom the deposition is to be
taken to the adverse party, to be present at
the taking of the fame, and to put interroga
tories/ if he think fit, be firft made out and
served on the adverf* party or h;s attorney,
’ ’as either may be neaicft, if either is within
! one hundred miles of the place of futh cap-
tion, allowing time foe their attendance after
notified, not iefs than at the rate of one day,
Sundays exclusive, for every twe;.ty mites
travel. And an causes of admiralty and ma
ritime jurtfdidion, or other cases of seizure
when a libel lhall be filed, in which an ad
vet le party is not named, and depolitions of
peifuns cncuinllanctd as aforefaid (hall be
taken before a claim be put in, the like noti
fication as aforefaid lhall be given to the per
son having the agency or polleffioa ot the pro
perty libelled at the time of the captute or
seizure of the fame, if known to * le libel
lant. And every person deposing as aforefaid
lhall carefully examined and cautioned,
and sworn or affirmed to teflify the whole
truth, and lhall fubferibe the te ;hnony by
hun or her given after the fame lhall be re
duced to writing, which lhall be dune only by
the magistrate taking the* deposition, or bythp
deponent in his pretence. Add the deposi
tions so taken lhall l?e retain-tid bj such ma
gi flratc until he deliver tlie fame with his
Own hand into the court which they jire
taken, or lhall, together with a certificate
the ipafons as afotefaid of their being takeny
and of the notice, if auy given to the advene
party, be by him tjie said magistrate sealed
up and directed to luch court, aud remain
under his leal until opened in court. And
any perluo may be compelled to appear and
dejiole as aforefaid in the fame man.,et as to
appear and teltify in court. And in the trial
of any cause of admiralty or, maritime jut if-,
diCtiou in a dillrtCf court, the.decree in w- ich.
may be appealed from, if.eithec party lhall fug-,
gelt to and latisly ;he court that probably it will
not be iu his power to produce the wimelies
tlieie leltityiug before the circuit court lhould
an appedi be had, and dial! move that their
teltiii.uny be taken down in writing, it thail
be so done by the clerk of the court. And if.
an appeal be had, tuch teflimony mar be uled.
011 me trial of th_ fame, if it lhall appear to .
the latisfaCtiou ot the court which thail try.
the appeal, that the wimelies ate theu dead
or gone out o! the United States, or to a.
gteater diliance than as aloiefaid Horn the
place where the couit is fitting, or that by
icalon ot age, licknefs, bodily infirmity or.
lmpriioumcnt, they ate unable to travel and
appear at court, out not othh wife. And un
kh> the lame lhall be made to appear on. the
tirai .of any > cauic, vv.jh tefpecf to wineries
whole depofittous may have oeen taken there- .
in, such oepoiutons mail not be admitted or
uied in tlie cauic.' r,c<viae«, That nothing
■ herein lhall oc coilH rued ty prevent any court
ot the United inaies from gianting a dedunut
yroujtaum to take depsiliuons according,
to common ulage, when it may be neccffaiy
to prevent a fai uie or delay of jultice ; which
power they lhall feveraliy poiieis, nor to ex
tend to depolitions taken iu ptrpetu rei me- .
tn.rtam, 'Alnch if they relate to matters that
may oe cognizable in any court of the United
mates, a circuit application thereto
made as a court of Sqifity, may, according
- to me usages in chancety, direct to be taken....
A.a be it enacted, 1 hat, where any suit (half .-
be depending m any court of the United
btaies, and either of the parties fliall die be- -
foie final judgment, the executor or adminis
trator of luch decealed patty who was plain
tiff, petitioner, or delendaot, in case the cause
ot action doth by law survive, fliall have full -
power to prosecute or defend any,fiuch suit or
aftmn until final judgment; and .the!‘defend- ...
ant or defendants are heteby obliged to answer
thereto accordingly j ant) the court before s
whom luch cause may be depending is hereby
empowered and, directed'to hear and deter
mine the fame, and to render judgment for
or against the executor or administrator, as
the case may require. , Aud if such executor.
or adurmiiaaior having been duly served with t
a feire facias the office of the clerk of
the court where ftich.fuit is depending twenty
days befoie hand, lhall ncglcCi or refufe to be
come a pairty to the suit, the court may ren
det judgment agaiuft theeflate of .the deceased
party, in thf tank manner as if the executor
or aomiuifirator had voluntarily made himfelf
a party to the suit: Aud the executor or admi
niflrator who lhall become a party as aforefaid,
fliall, upon motion to the court where the suit
is depending, be entitled to a continuance of
the fame until the next term of the said court.
And if there be two or mote plaintiffs or de
fendants, and one or more of them fliall die,
if the cause of action lhall survive to the fw
viving plaintiff or plaintiffs, or against the
