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R. S. 1986..

Omitted

The district attorneys, marshals, their deputies, and the clerks of the courts of the United States and territorial courts shall be paid for their services, in cases under the foregoing provisions, the same fees as are allowed to them for like services in other cases; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his services in each case, inclusive of all services incident to the arrest and examination.

R. S. § 4071.....

T. 28, § 1782

The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters: Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rotagory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons.

R. S. § 4072...

T. 28, § 1785

No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign state.

R. S. § 4073....

T. 28, § 1782

If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventyone, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States.

R. S. § 4074......

T. 28, § 1782

Every witness who shall so appear and testify shall allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States.

R. S. § 4122..

Omitted

The President is authorized to allow, in the adjustment of the accounts of the consul-general at Shanghai, the actual expense of the rent of a suitable building, to be used as a prison for American convicts in China, not to exceed one thousand five hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed five thousand dollars a year; and to allow, in the adjustment of the accounts of the consuls at other ports in China, the actual expense of the hire of constables and the care of offenders, not to exceed in all five thousand dollars a year.

R. S. § 4799

Omitted

Whenever, in the opinion of the Chief Justice, or, in case of his death, or inability, of the senior associate justice of the Supreme Court, a contagious or epidemic sickness shall render it hazardous to hold the next stated session of the court at the seat of Government, the chief or such associate justice may issue his order to the marshal of the Supreme Court, directing him to adjourn the next session of the court to such other place as such justice deems convenient. The marshal shall thereupon adjourn the court, by making publication thereof it one or more public papers printed at the seat of Government from the time he shall

receive such order until the time by law prescribed for commencing the session. The several circuit and district judges shall, respectively, under the same circumstances, have the same power, by the same means, to direct adjournments of the several circuit and district courts to some convenient place within their districts respectively.

R. S. § 5295____

T. 28, § 1822

Any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under any law of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by either of the parties thereto, and such examination shall not deprive such witness of his share or interest in such fine, penalty, or forfeiture. Mar. 3, 1863, ch. 91, §§ 1-15, 12 Stat.

762-764.

Omitted

That there shall be established in the District of Columbia a court to be called the supreme court of the District of Columbia, which shall have general juris diction in law and equity. It shall consist of four justices, one of whom shall be denominated as chief justice. These justices shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold their offices during good behavior. Each justice, before he enters upon the duties of his office, shall take the oath prescribed to be taken by judges of the courts of the United States. Any three of said justices may hold a general term, and any one of them may hold a special term, or circuit court, as hereinafter provided. A special term may be held at the same time with a circuit court and by the same justice.

SEC. 2. That the said court shall have power to appoint a clerk, who shall take the oath, and give a bond, with sureties, in the manner prescribed by law for clerks of district courts of the United States.

SEC. 3. That the supreme court organized by this act shall possess the same powers and exercise the same jurisdiction as is now possessed and exercised by the circuit court of the District of Columbia, and the justices of the court so to be organized shall severally possess the powers and exercise the jurisdiction now possessed and exercised by the judges of said circuit court. Any one of said justices may hold a district court of the United States for the District of Columbia, in the same manner and with the same powers and jurisdiction possessed and exercised by other district courts of the United States. Any one of said justices may also hold a criminal court for the trial of all crimes and offences arising within said district, which court shall possess the same powers and exercise the same jurisdiction now possessed and exercised by the criminal court of the District of Columbia.

SEC. 4. That general terms of the said supreme court shall be held at the same times at which terms of the circuit court of the District of Columbia are now required to be held, and at the same place. District courts and criminal courts shall also be held by one of said justices at the several times when such courts are now required by law to be held, and at the same place.

SEC. 5. That special terms of said supreme court shall be held by one of said justices, at such time or times as the said court, in general term, shall appoint. Non-enumerated motions in all suits and proceedings at law and in equity shall first be heard and determined at such special terms. Suits in equity, not triable by jury, shall also be heard and determined at such special terms. But the justice holding such special term may, in his discretion, order any such motion or suit to be heard, in the first instance, at a general term. Any party aggrieved by any order, judgment, or decree, made or pronounced at any such special term, may, if the same involve the merits of the action or proceeding, appeal therefrom to the general term of said supreme court, and upon such appeal the general term shall review such order, judgment, or decree, and affirm, reverse, or modify the same, as shall be just.

SEC. 6. That the said court, in general term, shall adopt such rules as it may think proper to regulate the time and manner of making appeals from the special term to the general term, and may prescribe the terms and conditions upon which such appeals may be made. Such court may also establish such other rules as it may deem necessary for regulation of the practice of the several courts organized by this act, and from time to time revise and alter such rules. It may also determine by rule what motions shall be heard at a special term, as nonenumerated motions, and what motions shall be heard at a general term in the first instance. SEC. 7. That all issues of fact trial by a jury or by the court shall be tried before a single justice; when the trial is by jury, at a circuit court; and when the trial is without a jury, at a circuit court or special term. Issues of law may be

tried at a circuit court or special term. At any time after issue, and at least ten days before the sitting of the court, either party may give notice of trial. The party giving the notice shall furnish the clrek, at least four days before the sitting of the court, with a note of the issue, containing the title of the action, the names of the attorneys, and the time when the last pleading was served; and the clerk shall thereupon enter the cause upon a calendar, according to the date of the issue. SEC. 8. That if, upon the trial of a cause, an exception be taken, it may be reduced in writing at the time, or it may be entered on the minutes of the justice, and afterwards settled in such manner as may be provided by the rules of the court, and then stated in writing in a case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised, but such case or bill of exceptions need not be sealed or signed. The justice who tries the cause may, in his discretion, entertain a motion, to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages: Provided, That such motion be made at the same term or circuit at which the trial was had. When such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision, in which case a bill of exceptions or case shall be settled in the usual

manner.

SEC. 9. That a motion for a new trial on a case or bill of exceptions, and an application for judgment on a special verdict or a verdict taken subject to any opinion of the court, shall be heard in the first instance at a general term.

SEC. 10. That writs and process issued out of the court hereby organized may be tested in the name of any justice of said court.

SEC. 11. That any final judgment, order, or decree of said court may be reexamined and reversed or affirmed in the supreme court of the United States, upon writ of error or appeal, in the same cases and in like manner as is now provided by law in reference to the final judgments, orders, and decrees of the circuit court of the United States for the District of Columbia.

SEC. 12. That appeals may be made from the judgments of justices of the peace to the court hereby organized in like manner and in the same cases in which such appeals are now allowed to the circuit court of the United States for the District of Columbia. Such appeals shall be heard and decided at a special term.

SEC. 13. That all suits and proceedings which, at the time this act takes effect, shall be pending in any of the courts hereby abolished shall be transferred to the courts to be established under the provisions of this act, and may be prosecuted therein with the same effect as they might have been in the court in which the same were commenced. Process issued out of any of said courts shall also be returned to the court hereby established.

SEC. 14. That justices of the peace may be removed by the court to be organized under the provisions of this act at a general term, after due notice, and an opportunity to be heard in their defence, and for causes to be assigned in the order of removal.

SEC. 15. That the justices to be appointed by virtue of this act shall receive an annual salary of three thousand dollars, to be paid quarterly at the treasury of the United States.

June 27, 1864, ch. 165, §§ 2-5, 13 Stat.

199.

Omitted

SEC. 2. That in all cases, wherein the district courts of the United States within and for the several districts of Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas had rendered judgments or decrees prior to the passage of an act approved July fifteenth, eighteen hundred and sixty-two, creating circuit courts for said districts, which cases might have been brought, and could have been originally cognizable in a circuit court, the original papers and all other papers now on file in the district courts aforesaid, shall be transferred into the clerk's office of the circuit court for the district in which said causes were heard and determined. And it shall be the duty of the district-court clerks of said districts, respectively, to have said papers so removed. And it shall also be the duty of said district-court clerks to transfer to the offices of the circuit-court clerks aforesaid the books of records and journals of the district courts aforesaid, in which are any entries, orders, or proceedings affecting, or in any manner relating to, cases which were of circuit-court cognizance, or which might have been presented in a circuit court, after having first copied into a book for that purpose provided, all entries, orders, or other proceedings, which may be found in said books, journals, or records relating in any manner to cases which were not of circuit-court cognizance, and which could not have been prosecuted in a circuit court.

60852-47-20

SEC. 3. That for the necessary costs and expenses of this transfer of books and papers, and for the expense of procuring books to copy the entries and orders above mentioned, and for the copying of said record entries from the original book into the new one, at the same rate of compensation now allowed to clerks of courts for copies from their records, the clerks of the district courts shall be paid out of any money in the treasury of the United States not otherwise appropriated, upon the certificate of the judge of the district court.

SEC. 4. That the transcripts thus made into a new book, after said book shall have been certified by the clerk to be full and true copies from the original book, shall have the same force and effect as records as the originals; and that the clerks of the circuit courts aforesaid shall be the custodians of the books and papers transferred to their offices, and their certificate of a transcript of any of said books or papers shall be received in evidence with the like effect as if made by the clerk of the court in which the proceedings were had.

SEC. 5. That the terms of the circuit and district courts of the United States for said district of Wisconsin shall hereafter be held as follows: at the city of Milwaukie, in said district, on the second Monday of April and the second Monday of September, and at the city of Madison, in said district, on the first Monday of January in each year, respectively. And all writs, process, and proceedings returnable to the terms of either of said courts, as now fixed by law, shall be deemed returnable, and shall be continued to the terms of said courts, respectively, as fixed by this act: Provided, That all executions, processes, or orders issued from the district court of any district in this act mentioned, in cases transferred to the circuit court, and in part executed, shall be regarded as having been issued from the circuit court to which each particular case is transferred, and shall be returned thereto. And no writ of execution or other final process, or power exercised, or proceeding had in accordance with law to enforce any judgment or decree shall be affected by reason of the transfer directed by this act. June 4, 1872, ch. 282, § 1, 17 Stat. 215____

T. 28, § 113 That that portion of the State of North Carolina comprising the counties of Mecklenburg, Cabarras, Stanly, Montgomery, Richmond, Davie, Davidson, Randolph, Guilford, Rockingham, Stokes, Forsyth, Union, Anson, Caswell, Person, Alamance, Orange, Chatham, Moore, Clay, Cherokee, Swain, Macon, Jackson, Graham, Haywood, Transylvania, Henderson, Buncombe, Madison, Yancey, Mitchell, Watauga, Ashe, Alleghany, Caldwell, Burke, McDowell, Rutherford, Polk, Cleveland, Gaston, Lincoln, Catawba, Alexander, Wilkes, Surry, Iredell, Yadkin, and Rowan, and all territory embraced therein which may hereafter be erected into new counties, shall hereafter constitute a new judicial district to be called the western district of North Carolina; and the circuit and district courts of the United States for said western districts of North Carolina shall be held in the towns of Statesville, Asheville, and Greensboro', within said district.

June 4, 1872, ch. 282, § 2, 17 Stat. 215.

T. 28, § 138

That two terms of the circuit and district courts of the United States for said western district of North Carolina shall be held at the following times and places in each year, to wit: At Greensboro', beginning on the first Monday in April and in October; at Statesville, beginning on the third Monday in April and in October; at Asheville, beginning on the first Monday in May and in November.

June 4, 1872, ch. 282, § 3, 17 Stat. 215...

T. 28, §§ 113, 138

That the district of North Carolina shall hereafter consist of the counties not named in this act, and shall be called the eastern district of North Carolina, and the terms of the circuit and district courts therein shall be held at the times and places heretofore appointed and enacted.

June 4, 1872, ch. 282, § 4, 17 Stat. 215, 216.

T. 28, § 141

That the said circuit and district courts for either of said districts may, in their discretion, order special terms thereof for the trial of criminal and civil issues at such times and places as the court may designate in said districts, and order a grand and a petit jury, or both, to attend the same, by an order to be entered of record thirty days before the day at which said special term shall be ordered to convene; and said courts, respectively, at such special terms shall have all the powers that they have at the regular terms appointed by law: Provided, however, That no special term of said circuit court for either district shall be appointed except by and with the concurrence and consent of the circuit judge.

June 4, 1872, ch. 282, §§ 5-7, 17 Stat. 216, 217.

Omitted

SEC. 5. That all suits and other proceedings of whatever name or nature, now pending in the circuit or district court of the United States for the district of North Carolina, except as hereinafter provided, shall be tried and disposed of in the circuit and district courts, respectively, for said eastern district, as the same would have been if this act had not been passed; and for that purpose jurisdiction is reserved to the said courts in said eastern district, and the clerks of the circuit and district courts of the present district of North Carolina shall return the records and files of the said circuit and district courts at the places heretofore appointed, and to do and perform all the duties appertaining to their said offices, respectively, within the eastern district, except as is hereinafter provided; and all process returnable to, or proceedings noticed for, any term of the present circuit or district court shall be deemed to be returnable to the next term of said courts, respectively, in the said eastern district, as fixed by this act.

SEC. 6. That upon application of any party to any suit or proceedings, civil or criminal, now pending in the present circuit or district court of the United States for the present district of North Carolina, which should have been commenced in the proper court for the western district of North Carolina if this act had been in force at the time of its commencement, such suit or other proceedings shall be removed for further proceedings to the proper court for said western district, and thereupon the clerk shall transmit the original papers, and copies of all orders made therein, to the clerk of the court to which said suit or proceedings shall be removed for trial or such other proceedings therein as if the said suit or proceedings had originally been commenced therein, the district attorney of said western district to designate the court to which all suits and proceedings, and indictments and criminal proceedings, wherein the United States is plaintiff, shall be removed, and the plaintiff, or his attorney, in all other suits to designate the court to which they shall be transferred; but no suit, indictment, or criminal proceeding, where bail is required of a defendant, shall be transferred until proper bail is given for him to appear accordingly: Provided, That all suits and other proceedings, both criminal and civil, now pending in the Cape Fear district court of the United States, at Salisbury, with all the original papers therein, shall be transferred for trial or such other proceedings as shall be meet and proper to a special term of the district court of the United States for said western district of North Carolina, to be held at Salisbury, beginning on the second Monday in August, A. D. eighteen hundred and seventy-two; and all said suits and proceedings not then finally disposed of shall, with the original papers therein, be transferred to the district courts of said western district at Greensboro' or Statesville, as the judge may order; and all necessary and proper process shall issue and be made returnable in said suits and proceedings to the next terms of said courts, respectively, for trial or such other proceedings therein as if the original proceedings had begun in said lastnamed courts; and the clerk of said district court at Greensboro' shall act as clerk at said special court at Salisbury; and all suits and other proceedings, both criminal and civil, pending at the late term of the United States district court for the Cape Fear district, held at Marion, beginning on [the] third Monday of August, eighteen hundred and seventy-one, and not then finally disposed of, shall with the original papers therein, be transferred to a special term of the district court for said western district, to be held at Asheville, North Carolina, beginning on the third Monday in August, eighteen hundred and seventy-two, to be then and there tried, or such other proceedings had therein as may be meet and proper, according to the practice of the court, and all such suits and proceedings as shall not then be finally disposed of shall be continued on the docket of said court, at Asheville, to the next term thereof, and in the mean time all necessary and proper process shall issue from said last-named court and be returnable thereto, and such proceedings had therein as if the original proceedings had begun in said court, and the clerk of said court at Asheville shall act as clerk of said special court at Asheville.

SEC. 7. That the passage of this act shall not have the effect to destroy or impair the lien of any judgment or decree rendered by the circuit or district court of the United States for the present district of North Carolina prior to this act taking effect; and final process on any judgment or decree entered in the circuit or district court of the United States for the district of North Carolina, or which shall be entered therein prior to this act taking effect, and all other process for the enforcement of any order of said courts, respectively, in any cause or proceedings now pending therein, except causes or proceedings removed as herein provided, shall be issued from and be returnable to the proper court for the eastern district

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