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The secretary and clerk may employ clerks,

&c.

Compensation to the sergeant at arms, doorkeepers, &c.

of congress; to the secretary of the senate, and clerk of the house of representatives, fifteen hundred dollars per annum each, to commence from the time of their respective appointments; and also, a further allowance of two dollars per day to each, during the session of that branch for which he officiates: And the said secretary and clerk shall each be allowed (when the president of the senate or speaker shall deem it necessary) to employ one principal clerk, who shall be paid three dollars per day, and an engrossing clerk, who shall be paid two dollars per day, during the session, with the like compensation to such clerk, while he shall be necessarily employed in the recess.

§ 5. That the following compensation shall be allowed to the officers hereinafter mentioned, viz. To the sergeant at arms, during the sessions, and while employed on the business of the house, four dollars per day; the allowance of the present sergeant at arms to commence from the time of his appointment: To the doorkeeper of the senate and house of representatives, for their services in those offices, three dollars per day, during the session of the house to which he may belong, for his own Hire of labor- services, and for the hire of necessary laborers; the allowance to the present doorkeeper of the senate to commence from the day appointed for the meeting of congress; and the allowance to the doorkeeper of the house of representatives to commence from his appointment; and to the assistant doorkeeper to each house, two dollars per day during the sessions.

ers.

Assistant door-keepers.

Certificate

[blocks in formation]

Limitation of

this act to the
4th March,
1796.

Vol. i. p. 389,
452, 820.
Vol. ii. p. 858,
883, 1225.

vol. iii. p. 1645
1720, 1731,
1774, 1828.

§ 6. That the said compensation which shall be due to the members and officers of the senate, shall be certified by the president; and that which shall be due to the members and officers of the house of representatives, shall be certified by the speaker; and the same shall be passed as public accounts, and paid out of the public treasury.

§ 7. That this act shall continue in force until the fourth day of March, in the year one thousand seven hundred and ninetysix, and no longer. [Approved, September 22, 1789.]

CHAP. 18.

An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States. § 1. Be it enacted, &c. That there shall be allowed to the judges of the supreme and other courts of the United States, the yearly compensations hereinafter mentioned, to wit: to the chief justice, four thousand dollars; to each of the justices of the supreme court, three thousand five hundred dollars; to the judge of the district of Maine, one thousand dollars; to the judge of the district of New Hampshire, one thousand dollars; to the Allowance of judge of the district of Massachusetts, twelve hundred dollars; compensation to the judge of the district of Connecticut, one thousand dollars; to the judges to the judge of the district of New York, fifteen hundred *dolof the supreme lars; to the judge of the district of New Jersey, one thousand

Vol. iv. p. 2457, 2131, 2139, 2214, 2405, 2445.

and other

courts.

dollars; to the judge of the district of Pennsylvania, sixteen hundred dollars; to the judge of the district of Delaware, eight hundred dollars; to the judge of the district of Maryland, fifteen hundred dollars; to the judge of the district of Virginia, eighteen hundred dollars; to the judge of the district of Kentucky, one thousand dollars; to the judge of the district of South Carolina,

Commence

eighteen hundred dollars; to the judge of the district of Georgia, fifteen hundred dollars; and to the attorney general of the Uni- To the attor ted States, fifteen hundred dollars; (a) which compensations shall ney general. commence from their respective appointments, and be paid at ment and paythe treasury of the United States, in quarterly payments. [Ap- ment of salaproved, September 23, 1789.]

(a) Vol. i. p. 453, 686. Vol. ii. p. 850,,910, 1075, 1235. Vol. iii. p. 1587, 1720. Vol. iv. p. 2208.

dent of the United States.

ries.

CHAP. 19. An act for allowing a compensation to the president and vice presi- Repealed, vol. i. p. 300. § 1. Be it enacted, &c. That there shall be allowed to the pre- President alsident of the United States, at the rate of twenty-five thousand allowed25,000 dolls. per andollars, with the use of the furniture and other effects, now in num, &c. his possession, belonging to the United States; and to the vice The vice prespresident, at the rate of five thousand dollars per annum, in full ident allowed compensation for their respective services to commence with 5000 dollars the time of their entering on the duties of their offices respec- per tively and to continue so long as they shall remain in office, and to be paid quarterly, out of the treasury of the United States. [Approved, September 24, 1789.]

per annum,

Vol. ii. p. 853.

Chief justice and five asso

CHAP. 20. An act to establish the judicial courts of the United States. § 1. Be it enacted, &c. That the supreme court of the United 1045. States shall consist of a chief justice, and five associate justices, any four of whom shall be a quorum, and shall hold annually, ciates, &c. at the seat of government, two sessions, the one commencing Two sessions the first Monday of February, and the other the first Monday of annually, in August. That the associate justices shall have precedence ac- February and August. cording to the date of their commissions, or, when the commis- Precedence, sions of two or more of them bear date on the same day, according to their respective ages.

&c.

2d district.

§ 2. That the United States shall be, and they hereby are, Thirteen judidivided into thirteen districts, to be limited and called as fol- cial districts. Vol. ii. p. 829. lows, to wit: one to consist of that part of the state of Massa- Vol. iv. p. chusetts, which lies easterly of the state of New Hampshire, and 2540. to be called Maine district; one to consist of the state of New 1st district. Hampshire, and to be called New Hampshire district; one to 3d district. consist of the remaining part of the state of Massachusetts, and to be called Massachusetts district; one to consist of the state 4th district. of Connecticut, and to be called Connecticut district; one to 5th district. consist of the state of New York, and to be called New York district; one to consist of the state of New Jersey, and to be 6th district. called New Jersey district; one to consist of the state of Penn- 7th district. sylvania, and to be called Pennsylvania district; one to consist 8th district. of the state of Delaware, and to be called Delaware district; one 9th district. to consist of the state of Maryland, and to be called Maryland district; one to consist of the state of Virginia, except that part 10th district. called the district of Kentucky, and to be called Virginia district; one to consist of the remaining part of the state of Vir- 11th district ginia; and to be called Kentucky district; one to consist of the 12th district. state of South Carolina, and to be called South Carolina dis

trict; and one to consist of the state of Georgia, and to be call- 13th district. ed Georgia district.

A district

district, to

holding them. Altered. See act of 1792, ch. 21, and

other acts in

pari materia.

Special district courts, at

discretion.

§ 3. That there be a court called a district court, in each of court in each the aforementiond districts, to consist of one judge, who shall consist of one reside in the district for which he is apppointed, and shall be callresident judge. ed a district judge, and shall hold annually four sessions, the Four sessions first of which to commence as follows, to wit, in the districts of annually in a New York and of New Jersey on the first, in the district of Penndistrict; -andsylvania on the second, in the district of Connecticut on the the times of third, and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third Tuesdays of December next; and the other three sessions, progressively, in the respective districts, on the like Tuesdays of every third calendar month afterwards; and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday in December, of each and every year, commencing in December next; and that the district judge shall have power to hold special courts at his discretion. That the stated district court shall be held at the places following, to wit: in the district of Maine, at Portland and Pownalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charleston; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first and that the special court shall be held at the same place, in each district, as the stated courts, or in districts that have two, at either of them, in the discretion of the judge, or at such other place, in the district, as the nature of the business and his discretion shall direct. And that, in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint.

Places of holding special

courts.

Place of keeping records.

sec. 10.

Districts divi§ 4. That the beforementioned districts, except those of ded into circuits; except, Maine and Kentucky, shall be divided into three circuits, and be &c. See infra, called the eastern, the middle, and the southern circuit. That the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut, and New York; that the middle circuit shall consist of the districts of New Jersey, Pennsylvania, Delaware, Maryland, and Virginia; and that the southern circuit shall consist of the districts of South Carolina, and Geor

Eastern circuit

Middle circuit.
Southern cir-

cuit.

Vol. ii. p. 853,

855, 905,1077. Vol. iv. 2538.

gia; and that there shall be held annually in each district of said Two circuit circuits, two courts, which shall be called circuit courts, and courts annually, &c. shall consist of any two justices of the supreme court, and the Proviso; as to district judge of such districts, any two of whom shall constitute a judge's vot a quorum: Provided, That no district judge shall give a vote in ing on appeal any case of appeal or error, from his own decision; but may as- decision. sign the reasons of such his decision.

from his own

cuit courts.

§ 5. That the first session of the said circuit court, in the Times of first several districts, shall commence at the times following, to wit: session of cirin New Jersey on the second, in New York on the fourth, in Vol. i. p. 233, Pennsylvania on the eleventh, in Connecticut on the twenty-se- 310. Vol. ii. cond, and in Delaware on the twenty-seventh, days of April p. 853. next; in Massachusetts on the third, in Maryland on the seventh, in South Carolina on the twelfth, in New Hampshire on the twentieth, in Virginia on the twenty-second, and in Georgia on the twenty-eighth, days of May next; and the subsequent sessions in the respective districts, on the like days of every sixth calendar month afterwards, except in South Carolina, where the session of the said court shall commence on the first, and in Georgia, where it shall commence on the seventeenth, day of October; and except when any of those days shall happen on a Sunday, and then the session shall commence on the next day following. And the sessions of the said circuit court shall be held in the district of New Hampshire, at Portsmouth and Exeter ing the circuit alternately, beginning at the first ; in the district of Massachu- courts. setts, at Boston; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first; in the district of New Jersey, at Trenton; in the dis-. trict of Pennsylvania, alternately at Philadelphia and York Town, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburgh, beginning at the first; in the district of South Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah

Places of hold

and Augusta, beginning at the first. And the circuit courts shall Special seshave power to hold special sessions for the trial of criminal sions of circauses at any other time, at their discretion, or at the discretion of the supreme court.

cuit courts.

courts.

§ 6. That the supreme court may, by any one or tmore of its Adjournment justices being present, be adjourned from day to day, until a of supreme quorum be convened; and that a circuit court may also be ad- and circuit journed from day to day by any one of its judges; or if none are Vol. i. p. 339. present, by the marshal of the district, until a quorum be con- Vol. ii. p. 853, vened; and that a district court, in case of the inability of the 941. judge to attend at the commencement of a session, may, by vir- Adjournment tue of a written order from the said judge, directed to the mar- court in case shal of the district, be adjourned by the said marshal to such day, of the judge's antecedent to the next stated session of the said court, as in the inability to said order shall be appointed; and in case of the death of the it. p. 1121. said judge, and his vacancy not being supplied, all process,

of district

attend. Vol.

over in case of

Proceedings, pleadings, and proceedings, of what nature soever, pending be&c. continued fore the said court, shall be continued of course, until the next stated session, after the appointment and acceptance of the office by his successor.

the judge's death.

The courts

appoint clerks, &c. Vol. iii. p. 1794.

clerk's oath.

§ 7. That the supreme court, and the district courts, shall have power to have power to appoint clerks for their respective courts; and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the folForm of the lowing oath or affirmation, to wit: "I A. B. being appointed clerk of do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings, of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the Clerks to give said clerks shall also severally give bond, with sufficient sureties, bond, in 2,000 (to be approved of by the supreme and district courts respectively,) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations, of the court of which he is clerk.

dolls.

Justices and

an oath.

Form of the oath.

§ 8. That the justices of the supreme court, and the district judges to take judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: "I A. B. do solemnly swear, or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God."

Exclusive jurisdiction of the district courts, &c.

Vol. ii. p. 1043, 1530.

§ 9. That the district courts shall have, exclusively of the courts of the several states, cognizance of all crimes and offences, that shall be cognizable under the authority of the United States, Vol. i. p. 353. committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade, of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it and shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several where the Uni- states, or the circuit courts, as the case may be, of all causes ted States sue where an alien sues for a tort only in violation of the law of na

Saving of the right of com

mon law remedy.

Concurrent jurisdiction in

case of suits brought by aliens, &c. and

for the value

of 100 dolls.

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