Third circuit court, its sessions.
Act of March 3, 1803, ch. 32.In the third circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be holden: and the sessions of the said court, in the district of New Jersey, shall commence on the first day of April, and the first day of October, anually; in the district of Pennsylvania, on the eleventh day of April, and the eleventh day of October, annually.
Fourth circuit court, its sessions.In the fourth circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be holden: and the sessions of the said court, in the district of Delaware, shall commence on the third day of June, and the twenty-seventh day of October, annually; in the district of Maryland, on the first day of May, and the seventh day of November, annually; to be holden hereafter at the city of Baltimore only.
Fifth circuit court, its sessions.
Act of February 4, 1807, ch. 5.In the fifth circuit, the circuit court shall consist of the present chief justice of the supreme court, and the district judge of the district where such court shall be holden: and the sessions of the said court, in the district of Virginia, shall commence on the twenty-second day of May, and the twenty-second day of November, annually; in the district of North Carolina, on the fifteenth day of June, and the twenty-ninth day of December, annually.
Sixth circuit court, its sessions.
1807, ch. 16.
At Charleston.
Columbia.
Savannah.
Louisville.
Provisions if the judges do not attend.
One judge may adjourn the court.
1808, ch. 29.In the sixth circuit, the said circuit court shall consist of the junior associate justice of the supreme court, in the fifth circuit, and the district judge of the district where such court shall be holden: and the sessions of the said court, in the district of South Carolina, shall commence at Charleston on the twentieth day of May, and at Columbia on the thirtieth day of November, annually; in the district of Georgia, on the sixth day of May at Savannah, and on the fourteenth day of December hereafter at Louisville, annually: Provided, that when only one of the judges hereby directed to hold the circuit courts, shall attend, such circuit court may be held by the judge so attending; and that when any of the said days shall happen on a Sunday, then the said court hereby directed to be holden on such day, shall be holden on the next day thereafter; and the circuit courts constituted by this act, shall be held at the same place or places in each district of every circuit, as by law they were respectively required to be held previous to the thirteenth day of February, one thousand eight hundred and one, excepting as is herein before directed. And none of the said courts shall be holden untilClerks of district to be clerks of circuit courts.
With an exception.
Justices of the supreme court to allot themselves among the circuits.
Allotment to be entered on record.
If they fail to do it, the President may make the allotment.
Allotment to be binding until another is made.
Powers of the circuit courts.
In writs of error and appeal, the opinion of the justice of the supreme court to prevail.
In case of disagreement in opinion of the judges of the circuit court, that of the supreme court upon the point stated to be conclusive.
Decision of the supreme to be remitted to the circuit court and to be of effect.
Imprisonment, &c. not to be inflicted when the court is divided.
North Carolina district divided into three districts.
Names of the districts.
Act of February 4, 1807, ch. 5, sec. 2.
Vol. i. p. 217, 253, 518.
District of Cape Fear court to be holden at Wilmington.
Act of February 4, 1807, ch. 5, sec. 2. after the first day of July next, and the clerk of each district court shall be also clerk of the circuit court in such district, except as is herein after excepted.
Sec. 5. And be it further enacted, That on every appointment which shall be hereafter made of a chief justice or associate justice, the said chief justice and associate justices shall allot themselves among the aforesaid circuits as they shall think fit, and shall enter such allotment on record. And in case no such allotment shall be made by them at their session next succeeding such appointment, and also, after the appointment of any judge, as aforesaid, and before any allotment shall have been made, it shall and may be lawful for the President of the United States to make such allotment as he shall deem proper, which allotment made in either case, shall be binding until another allotment shall be made; and the circuit courts constituted by this act, shall have all the power, authority and jurisdiction within the several districts of their respective circuits that before the thirteenth day of February, one thousand eight hundred and one, belonged to the circuit courts of the United States, and in all cases which, by appeal or writ of error, are or shall be removed from a district to a circuit court, judgment shall be rendered in conformity to the opinion of the judge of the supreme court presiding in such circuit court.
