all crimes, offences, and misdemeanours, cognizable, as well in the district. court, as the circuit court, and such bills of indictment as shall be found in the circuit court, cognizable in the district court, shall, at the discretion of the circuit court, be transmitted by the clerk of that court, pursuant to the order of the circuit court, with all matters and things relating thereto, to the district court, next thereafter to be holden in such district, and the same proceedings shall be had thereon in such district court, as though such bill of indictment had originated and been found in the district court. And all recognizances of witnesses, taken by any magistrate in such district, for their appearance to testify in any case cognizable in either of the said courts, shall be to the circuit court, next thereafter to be holden in such district.(1) 545. For the southern district of New York, composed of that part of the state lying south of the counties of Rensselaer, Albany, Shenectady, Schoharie, and Delaware, at the city hall in the city of New York, on the first Tuesdays of February, May, August, and November, annually.(2) There shall be held, monthly, in the city of New York, a session of this court, to commence on the first Tuesday of each month, in the manner for holding the stated terms of said court :(3) 546. For the northern district of New York, composed of the counties of Albany, Rensselaer, and the remaining part of the state, not included in the southern district, at Albany, on the third Tuesday of January, and the second Tuesday of May, and at Útica, on the last Tuesday of August, and at such other times and places as the judge may direct.(4) (See Article 520.) In case of sickness, inability, or absence of the judge of the northern district, his duties shall be performed by the judge of the southern district; timely notice of such disability of the judge of the northern district being given to the judge of the southern district.(5) The judge for the southern district shall reside in the city of New York, and shall be allowed a yearly compensation of thirty-five hundred dollarsthe judge of the northern district, two thousand dollars, payable quarterly.(6) 547. The district court, for the New Jersey district, composed of the state of New Jersey, is holden at New Brunswick, on the second Tuesday of March and September, and at Burlington on the third Tuesday of May and November, annually.(7) The salary of the judge is fifteen hundred dollars per annum :(8) 548. For the eastern district of Pennsylvania, composed of that part of the state not included in the western district, next described, at Philadelphia, on the third Mondays of February, May, August, and November (9) 549. For the west district of Pennsylvania, composed of the counties of Fayette, Greene, Washington, Alleghany, Westmoreland, Somerset, Bedford, Huntingdon, Centre, Mifflin, Clearfield, M'Kean, Potter, Jefferson, Cambria, Indiana, Armstrong, Butler, Beaver, Mercer, Crawford, Venango, Erie, Warren, Susquehanna, Bradford, Tioga, Union, Northumberland, Columbia, Luzerne, and Lycoming, at Pittsburg, on the first Monday in May, and the (1) Act April 29th, 1802, sec. 29. (2) Act April 9th, 1814.-April 3d, 1818, sec. 3.-Sept. 24th, 1789, sec. 2, 3-Act 3d March, 1825. (3) Act 29th May, 1830. (4) Act April 9th, 1814. April 3d, 1818. April 29th, 1812, sec. 3. March 24, 1821. Feb. 1826. (5) Act April 29th, 1812, sec. 1. April 3d, 1818, sec. 1, 2. (6) Act 29th May, 1830. (7) Act 4th May, 1822. 24th Sep. 1789, sec. 2, 3. (8) Act 29th May, 1830. (9) Act Sept. 24th, 1789. June 9th, 1794, sec. 1. August 11th, 1790, sec. 2. April 20th, 1818, sec. 1. third Monday of October, and at Williamsport, in the county of Lycoming, on the first Mondays of June and October, annually.(1) (See article 520.) The judge of the eastern district has a salary of two thousand five hundred dollars annually-of the western district, eighteen hundred dollars annually.(2) 550. The district court for the Delaware district, composed of the state of Delaware, is holden at New Castle on the third Tuesday of June and second Tuesday of December; and at Dover on the Tuesday next following the third Monday of March and the Tuesday next following the fourth Monday of September, annually: The salary of the judge is fifteen hundred dollars. per annum :(3) 551. For the Maryland district, consisting of the state of Maryland, at Baltimore, on the first Tuesdays of March, June, September, and December, annually.(4) The salary of the judge is two thousand dollars per annum.(5) 552. The district court for the Kentucky district, composed of the state of Kentucky, is holden at Frankfort, on the first Mondays of May and November (6) The salary of the judge is fifteen hundred dollars per annum:(7) 553. For the eastern district of Virginia, consisting of that part of the state not included in the western district, on the fifteenth day of May, and fifteenth day of November, in the city of Richmond, and on the first days of May and November, in the borough of Norfolk :(8) A clerk, authorized to perform like duties, and to receive like compensation, as other clerks of district courts, and to be appointed by the judge, shall reside, and keep the records of the court, at Norfolk :(9) 554. For the western district of Virginia, consisting of so much of the state of Virginia, as is situate west of the summit of the mountains, which separate the waters emptying into the Chesapeake bay and Roanoke river, from the waters which fall into the Ohio, and of the counties of Botetourt, Rockbridge, Alleghany, Bath, Pendleton, Augusta, Rockingham, Shenandoah, Frederic, Jefferson, Berkly, Morgan, Hampshire, and Hardy, on the first days of May and October, at Staunton; on the first Wednesdays after the third Mondays of April and September, at Wythe court-house at Lewisburg on the first Wednesdays after the second Mondays of April and September, and at Clarksburg, on the first Mondays of April and September, annually.(10) If the judge fail to attend on the first day of any court, it shall stand adjourned from day to day, for three days, if the same cause continue; after which time, if the judge still fail to attend, the court shall stand adjourned until the first day of the next term.(11) The judge may hold special sessions, at his discretion, at either of the aforesaid places, for the trial of civil or criminal cases.(12) (See article 520.) (1) Act April 20th, 1818, see. 1. 16th Decem. 1818. May 15th, 1820, sec. 1. May 26th, 1824. April 5th, 1826. (2) Act 20th April, 1818. 29th May, 1830. (3) Act 3d March, 1801. 29th March, 1830. 24th March, 1834. (4) Act 24th Sept. 1789, sec. 2, 3. April 29th, 1802, sec. 15. (5) Act 29th May, 1830. (6) Act 24th Sept. 1789, sec. 2, 3. June 9th, 1794, sec. 8. March 1st, 1823, sec. 1. April 29th, 1802, sec. 12. March 24th, 1824. (7) April 29th, 1802. (8) Act Sept. 24th, 1789, sec. 2, 3. Feb. 4th, 1819, sec. 1. March 23d, 1804, sec. 1. March 19th, 1818. March 24th, 1814. May 26th, 1824. March 2d, 1827. (9) Act 29th April, 1802, sec. 26. (10) Act Feb. 4th, 1819, sec. 1. Feb. 10th, 1820. March 3d, 1825. May 24th, 1824. May 20th, 1826. April 20th, 1832. March 3d, 1835. July 1st, 1836. (11) Act April 26th, 1822. The salary of the judge of the eastern district, is eighteen hundred dollars per annum.(1) Of the western district, sixteen hundred dollars per annum.(2) For all services in criminal cases performed by the attorney for the district of Virginia, and for which no fees are allowed by law for similar services in the courts of that state, he shall be allowed such sums as the court in which the same is rendered, shall consider a reasonable compensation therefor.(3) 555. For the Ohio district, consisting of the state of Ohio, at Columbus, on the Mondays next succeeding the third Monday in December, and second Monday of July, annually. The salary of the judge is one thousand dollars per annum.(4) 556. The state of North Carolina is divided into three districts: The district court is holden,(5) For the district of Albermarle, consisting of the districts of Edenton and Halifax, at Edenton, on the third Mondays of April and October annually :(6) For the district of Pamptico, consisting of that part of the state composed of the districts of Newbern and Hillsborough, together with all that part of the district of Wilmington which lies to the northward and eastward of New River, at Newbern, on the fourth Mondays of April and October, annually :(7) For the district of Cape Fear, consisting of the remainder part of the state, at Wilmington, on the first Mondays after the fourth Monday in April and October, annually.(8) The courts in the three districts are holden by the same judge, but have each a clerk residing at the places where the courts are holden respectively. If the judge fail to attend on the first day of the term of any of the courts, the marshal may adjourn the court until the next day, and if the judge do not attend before the expiration of the second day of the term, the marshal may adjourn the court to the term next in course.(9) The judge has a compensation of two thousand dollars, annually. 557. The district court for the western district of South Carolina, composed of the districts of Lancaster, Chester, York, Union, Spartanburg, Greenville, Pendleton, Abbeville, Edgeville, Newburg, Laurens and Fairfield, is holden at Laurens court-house, on the Tuesday next ensuing the adjournment of the circuit court at Columbia.(10) For the eastern district, consisting of the residue of the state, at Charleston, on the third Monday of March, first Monday of July, third Monday of September, and second Monday of December. One judge presides in the courts of both districts, and receives an annual compensation of two thousand five hundred dollars per annum. He is empowered to hold such special sessions, at such times as he may deem expedient, and may adjourn such sessions to any other time previous to a stated session :(11) 558. For the district of east Tennessee, composed of the districts of (1) Act Sept. 23d, 1789, sec. 1. (5) See in relation to this district, acts June 4th, 1790. April 13th, 1792. April 29th, 1802, sec. 7, 8. Feb. 4th, 1807. March 9th, 1808. June 9th, 1794. (6) Act Jan. 23d, 1812. May 20th, (7) Ibid. ibid. (8) Act Jan. 23d, 1812. (9) Act May 29th, 1830. (10) Act Sept. 24th, 1789, sec. 2, 3. Sept. 23d, 1789, sec. 1. Feb. 21st, 1823, sec. 1. May 25, 1824. (11) Act Sept. 24th, 1789, sec. 2, 3. Sept. 23d, 1789, sec. 1. Feb. 21st, 1823, sec. 1. May 29th, 1830. Washington and Hamilton, at Knoxville, on the third Monday in April, and second Wednesday in October, annually :(1) For west Tennessee, composed of the districts of Winchester, Mero and Robertson, at Nashville, on the fourth Mondays of May and November, annually. The same judge presides in both districts, and receives an annual compensation of fifteen hundred dollars :(1) 559. For the Georgia district, composed of the state of Georgia, at Savannah, on the second Tuesdays of February, May, August and November, annually. The salary of the judge is two thousand five hundred dollars, annually :(2) 560. For the northern district of Alabama, composed of Jackson, Decatur, Madison, Limestone, Lauderdale, Franklin, Lawrence, Morgan, Blount, St. Clair, Jefferson, Walker and Marion, at Huntsville, on the second Mondays of April and October, annually :(3) (See article 520.) All that part of the country now in the limits of Alabama, and now in the occupancy of the Cherokee and Chickasaw tribes of Indians, is constituted a part of this district.(4) For the southern district of Alabama, composed of the residue of the state of Mobile, on the first Monday in May, and on the second Monday in December, annually.(5) (See article 520.) The third Monday in December, in each year, shall be a return day for writs and executions, returnable to the district court at Cahawba; and the second Monday in January, in each year, shall be a return day for writs and executions returnable to the district court at Huntsville; and the parties to suits so returned, shall make up their pleadings under such rules as the court shall prescribe, in order to have the causes so returned, in a state for trial at the next regular term.(6)* All suits to be brought, in either of the courts aforesaid, not of a local nature, shall be brought only in the district where the defendant shall reside; but if there be several defendants, and some of them reside in the northern, and some in the southern district, the plaintiff may sue in either, and send a duplicate writ to the other, on which he shall endorse that it is part of a suit brought in the district from which it is sent; and the said writs, when executed and returned, shall constitute one suit, and be proceeded in accordingly.(7) Clerks are appointed for each district to reside and keep the records at the places at which the courts are respectively holden.(8) If the judge fail to attend at the time and place of holding any of such (1) Act Jan. 31st, 1797. April 29th, 1802, sec. 16. Feb. 24th, 1807, sec. 4. Sept. 24th, 1789, sec. 1, 2. 29th (2) Act 23d Sept. 1789, sec. 1. May, 1830. 9th June, 1794 29th April, 1802. (3) Act 10th March, 1824. 22d May, 1826. 27th Jan. 1831. (4) Act 31st March, 1832. (5) Act 10th March, 1824-22d May, 1826. 2d March, 1827. (6) Act March 10th, 1824, sec. 3. (8) Act 21st April, 1820. March 10th, 1824. The act of 10th March, 1824, provided that the district judge should, if the business required it, hold special courts at Cawhaba and Huntsville. But by the act 22d May, 1826, it is directed, That for final disposition of causes commenced in, and pending in the district court now held at Cahawba, in the said southern district, there shall be a court held at said place, at the times now fixed by law, and after judgment in said cases final process thereon may be issued from, and made returnable to the said court, to be holden at Mobile, in which court all further proceedings thereon shall be had. And by act of 2d March, 1827, sec. 2, the business of the court of Cahawba was transferred to the court at Mobile. courts before the close of the third day of the term, the business thereof shall stand adjourned to the next term.(1) His salary is two thousand five hundred dollars per annum.(2) 561. The district court for the Mississippi district, consisting of the state of Mississippi, is holden at Jackson, on the fourth Mondays of January and June annually. The salary of the judge is two thousand dollars per annum.(3) 562. The district court for the western district of Louisiana, consisting of the counties of Attakapas, Opelousas, Rapide, Natchitoches and Ouachita, at Opelousas court-house, on the third Monday of March annually.(4) The judge at his discretion may hold special sessions in this district for civil and criminal business; and all process writs and recognizances of every kind relating to cases to be tried thereat, shall be deemed to belong to such sessions as if they had been issued or taken in reference thereto: Any special session may be adjourned to any time or times previous to the next stated meeting of the district court, and all business depending for trial in any special court, shall, at the close thereof, be removed of course to the next stated district court.(5) For the eastern district of Louisiana, consisting of the remainder of the state, at New Orleans, on the third Mondays of February and May, and second Monday in December annually.(6) One judge presides in both districts. His compensation is three thousand dollars per annum. He is empowered to appoint a clerk for each district, who shall reside and keep the records at the places respectively where the courts are held.(7)* (See article 520.) The judge is authorized to appoint an interpreter for this court, at a compensation not exceeding three hundred and thirty-three dollars and thirtythree cents for his services at each term, to be paid by the marshal on the order of the judge, and not to amount to more than one thousand dollars per It is his duty to attend the irregular sessions of the court, without additional compensation.(8) The mode of proceeding in civil causes in the courts of the United States, which now are or hereafter may be established in the state of Louisiana, shall be conformable to the laws directing the mode of practice in the district courts of that state. But the judge of any such court of the United States may alter the times limited or allowed for different proceedings in the state courts, and make by rule such other provisions as may be necessary to adapt such laws of procedure to the organization of such court in the United States; and to avoid any discrepancy, if any should exist, between such state laws and the laws of the United States.(9) The petit jurors for the trial of all causes, civil and criminal, shall be designated, summoned and returned in the manner now directed (1824) by the laws of Louisiana, with respect to jurors to serve in the district courts of that state, and all the duties directed by such laws to be performed by the sheriffs (1) Act 21st April, 1820. Act March 10th, 1824. (2) Act 29th May, 1830. (3) Act 3d April, 1818. Act 11th January, 1821. Act 5th May, 1830. (4) Act 26th March, 1804. Act April 8th, 1812. Act March 3d, 1823. (5) Act March 3d, 1823, sec. 1. 30th June, 1834. Act Act 8th (6) Ibid. 1823. Ibid. 1825. (9) Act 26th May, 1824. See Parsons v. Bedford & al. 2 Peters, 433. Before the division of the state into two districts, power was given to the clerk of the district to appoint a deputy, for whose conduct he was liable.-Act March 3d, 1821. |