United States, and the decifion is against their validity; or where is drawn in question the validity of a statute of, or an authority exercifed under any state, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decifion is in favour of fuch their validity, or where is drawn in queftion the conftruction of any claufe of the Constitution, or of a treaty, or ftatute of, or commiffion held under the United States, and the decifion is against the title, right, privilege or exemption specially set up or claim ed by either party, under fuch clause of the said conftitution, treaty, ftatute or commiffion, may be re-examined and reverfed or affirmed in the fupreme court of the United States upon a writ of error, the citation being figned by the chief juftice, or judge or chancellor of the court rendering or paffing the judgment or decree complained of, or by a juftice of the fupreme court of the United States, in the fame manner and under the fame regulations, and the writ shall have the fame effect, as if the judgment or decree complained of had been rendered or paffed in a circuit court, and the proceeding upon the reverfal fhall also be the fame, except that on reverfal. the fupreme court, inftead of remanding the caufe for a final decifion as before provided, may at their discretion, if the cause shall have been once remanded before, proceed to a final decifion of the fame, and award execution. No writs of But no other error fhall be affigned or regardabove men- ed as a ground of reverfal in any fuch cafe as Proceedings error but as tioned. aforefaid, than fuch as appears on the face of the record, and immediately refpects the beforementioned questions of validity or conftruction of the faid conftitution, treaties, ftatutes, commiffions, or authorities in difpute. In cafes of Sec. 26. And be it further enacted, That in all caufes brought before either of the courts forfeiture of the United States to recover the forfeiture the courts may give annexed to any articles of agreement, covenant, judgment bond or other fpeciality, where the forfeiture, in equity. breach or non-performance fhall appear, by the default or confeffion of the defendant, or upon demurrer, the court before whom the action is, fhall render judgment therein for the plaintiff to recover fo much as is due according to equity. And when the fum for which Sum affeffjudgment thould be rendered is uncertain, the fame fhall, if either of the parties request it, be affeffed by a jury. " ed by jury. Sec. 27. And be it further enacted, That a Marthal marshal fhall be appointed in and for each dif- appointed. trict for the term of four years, but shall be removeable from office at pleafure, whofe duty it fhall be to attend the diftrict and circuit courts when fitting therein, and alfo the fupreme court in the district in which that court fhall fit. And to execute throughout the diftrict, all lawful precepts directed to him, and iffued under the authority of the United States, and he shall have power to command all neceffary affiftance in the execution of his duty, and to appoint as there fhall be occafion, one or more deputies, who fhall be removeable from office by the judge of the district court, or the circuit court fitting within the diftrict, at the pleasure of either, and before he enters on the duties of his office, he fhall become bound, for the faithful performance of the fame, by himself and by his deputies before the judge of the district court to the United States, jointly and severally, with two good and fufficient fureties, inhabitants and freeholders of fuch district, to be approved by the district judge, VOL. I. I in the fum of twenty thousand dollars, and shall take before faid judge, as fhall alfo his deputies, before they enter on the duties of their His oath. appointment, the following oath of office: "I, A. B. do folemnly fwear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marfhal (or marfhat's deputy, as the cafe may be) of the district of during my continuance in faid office, and take only my lawful fees. So help me God." Marfhal a party. Sec. 28. And be it further enacted, That in all caufes wherein the marfhal or his deputy fhall be a party, the writs and precepts therein fhall be directed to fuch difinterested person as the court, or any juftice or judge thereof may appoint, and the person so appointed, is hereby authorised to execute and return the fame. And in cafe of the death of any marshal, his deputy or deputies fhall continue in office, unless otherwife fpecially removed; and fhall execute the fame in the name of the deceased, until another marshal shall be appointed and fworn: Defaults of And the defaults or misfeafances in office of fuch deputies. deputy or deputies in the mean time, as well as before, fhall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or adminiftrator of the deceased" administra- marshal fhall have like remedy for the defaults tor of de- and misfeafances in office of fuch deputy or defhals. puties during fuch interval, as they would be. entitled to if the marshal had continued in life. and in the exercife of his faid office, until his Executor or ceafed mar " fucceffor was appointed, and fworn or affirmed: And every marthal or his deputy when remoyed from office, or when the term for which the marshal is appointed fhall expire, shall have power notwithstanding to execute all fuch precepts as may be in their hands refpectively at the time of fuch removal or expiration of office; and the marshal fhall be held answera- Marshal's ble for the delivery to his fucceffor of all pri- power after foners which may be in his cuftody at the time of his removal, or when the term for which he is appointed fhall expire, and for that purpose may retain fuch prifoners in his cuftody until his fucceffor fhall be appointed and qualified as the law directs. removal. nifhable Sec. 29. And be it further enacted, That in Cafes pucafes punifhable with death, the trial fhall be with death had in the county where the offence was com- to be had in mitted, or where that cannot be done without county. great inconvenience, twelve petit jurors at least fhall be fummoned from thence. And jurors in all cafes to ferve in the courts of the United States fhall be defignated by lot or otherwise in each state respectively according to the mode of forming juries therein now practiced, fo far as the laws of the fame fhall render fuch defignation practicable by the courts or marshals of the United States; and the jurors fhall have Jurors by the fame qualifications as are requifite for ju- lot. rors by the laws of the state of which they are citizens, to ferve in the highest courts of law of fuch ftate, and fhall be returned as there fhall be occafion for them, from fuch parts of the district from time to time as the court fhall direct, fo as fhall be most favourable to an impartial trial, and fo as not to incur an unneceffary expence, or unduly to burthen the citizens of any part of the district with fuch fervices." Writs venire facias office. And writs of venire facias when directed by fromclerk's the court shall iffue from the clerk's office, and fhall be ferved and returned by the marshal in his proper perfon or by his deputy, or in cafe the marshal or his deputy is not an indifferent perfon, or is interested in the event of the cause, by fuch fit perfon as the court shall specially appoint for that purpose, to whom they fhall adminifter an oath or affirmation that he will truly and impartially ferve and return fuch writ. And when from challenges or otherwise there fhall not be a jury to determine any Givil or criminal caufe, the marfhal or his deputy fhall, by order of the court where fuch defect of jurors fhall happen, return jurymen de talibus circumftantibus fufficient to complete the pannel; and when the marfhal or his deputy are difqualified as aforefaid, jurors may be returned by fuch difinterested person as the court fhall appoint. Juries de Mode of proof, Sec. 30. And be it further enacted, That the mode of proof by oral teftimony and examination of witneffes in open court fhall be the fame in all the courts of the United States, as well in the trial of caufes in equity and of admiralty and maritime jurisdiction, as of actions at common law. And when the teftimony of any perfon fhall be neceffary in any civil caufe depending in any district in any court of the United States, who fhall live at a greater diftance from the place of trial than one hundred miles, or is bound on a voyage to fea, or is about to go out of the United States, or out of fuch district, and to a greater distance from the place of trial than as aforefaid, before the time of trial, or is ancient or very infirm, the deposition of de bene effe. fuch perfon may be taken de bene effe before any juftice or judge of any of the courts of the Depofition |