The present district attornies to continue in office, unless removed by the President.
Proceedings, &c., depending in the sixth circuit in certain courts continued over to others.Tenneseee, now in office, shall severally and respectively be attornies for those districts within which they reside, until removed by the President of the United States.
Sec. 21. And be it further enacted, That all actions, suits, process, pleadings and proceedings, of what nature or kind soever, which shall be depending or existing in the sixth circuit of the United States within the circuit courts of the districts of East and West Tennessee, shall be and hereby are continued over to the district courts established by this act in manner following, that is to say: All such as shall on the first day of July next, be depending and undetermined, or shall then have been commenced, and made returnable before the circuit court of East Tennessee, to the next district court hereby directed to be holden, within and for the district of East Tennessee; all such as shall be depending and undetermined, or shall have been commenced and made returnable before the circuit court of West Tennessee, to the next district court, hereby directed to be holden, within and for the district of West Tennessee, and all the said suits shall then be equally regular and effectual, and shall be proceeded in, in the same manner as they could have been if the law, authorizing the establishment of the sixth circuit of the United States, had not been repealed.
Terms of the district court of Maine.
Annual session to be holden on the last Tuesday in May.Sec. 22. And be it further enacted, That the next session of the district court for the district of Maine, shall be holden on the last Tuesday in May next; and that the session of the said court heretofore holden on the third Tuesday of June annually, shall thereafter be holden, annually, on the last Tuesday in May.
To what time proceedings therein are returnable.Sec. 23. And be it further enacted, That all writs and process which shall have been issued, and all recognizances returnable, and all suits and other proceedings which have been continued to the said district court on the third Tuesday in June next, shall be returned and held continued to the said last Tuesday of May next.
District court of the U. States to be held in the district of Columbia.
Act of February 27, 1801, ch. 15.Sec. 24. And be it further enacted, That the chief judge of the district of Columbia shall hold a district court of the United States, in and for the said district, on the first Tuesday of April, and on the first Tuesday of October in every year; which court shall have and exercise, within the said district, the same powers and jurisdiction which are by law vested in the district courts of the United States.[1]
Testimony of witnesses in chancery suits may be taken in writing.
Cases in which it shall not be taken in writing.Sec. 25. And be it further enacted, That in all suits in equity, it shall be in the discretion of the court, upon the request of either party, to order the testimony of the witnesses therein to be taken by depositions; which depositions shall be taken in conformity to the regulations prescribed by law for the courts of the highest original jurisdiction in equity, in cases of similar nature, in that state in which the court of the United States may be holden: Provided however, that nothing herein contained shall extend to the circuit courts which may be holden in those states, in which testimony in chancery is not taken by deposition.[2]
Clerk for the district court of Norfolk.
His place of residence, duties and emoluments.Sec. 26. And be it further enacted, That there shall be a clerk for the district court of Norfolk, to be appointed by the judge thereof, which clerk shall reside and keep the records of the said court at Norfolk aforesaid, and shall perform the same duties, and be entitled to, and receive the same fees and emoluments which are established by law for the clerks of the district courts of the United States.
- ↑ See note to act of February 27, 1801, chap. 15.
- ↑ In appeals to the supreme court from the circuit courts in chancery cases, the parol testimony which is heard in the court below ought to appear on the record. Conn v. Penn, 5 Wheat. 424; 4 Cond. Rep. 716.
