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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