United States Statutes at Large/Volume 1/2nd Congress/1st Session/Chapter 21
[Obsolete.]
Chap. XXI.—An Act for altering the times of holding the Circuit Courts, in certain districts of the United States, and for other purposes.
Times for holding circuit courts in certain districts altered.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act the circuit courts in the districts of North Carolina and Georgia shall be held as follows, to wit: In the district of North Carolina on the first day of June, and the thirtieth day of November at Newbern, in the present and each succeeding year. 1797, ch. 35.And all writs and recognizances returnable and suits and other proceedings that were continued to the circuit court for the district of North Carolina on the eighteenth day of June next, shall now be returned and held continued to the same court on the first day of June next. In the district of Georgia on the twenty-fifth day of April at Savannah and on the eighth day of November at Augusta in the present and each succeeding year, except when any of those days shall happen on a Sunday, in which case the court shall be held on the Monday following.
When sessions of the eastern circuit shall commence.Sec. 2. And be it further enacted, That the sessions of the circuit courts in the eastern circuit shall in the present and every succeeding year commence at the times following, that is to say: In New York district on the fifth day of April and the fifth day of September. In Connecticut district on the twenty-fifth day of April and the twenty-fifth day of September. In Massachusetts district on the twelfth day of May and the twelfth day of October. In New Hampshire district on the twenty-fourth day of May and the twenty-fourth day of October; and in Rhode Island district on the seventh day of June and the seventh day of November, except when any of those days shall happen on a Sunday, and then the sessions shall commence on the next day following. And the sessions of the circuit court shall be held in the district of Virginia at the city of Richmond only. In New Hampshire district at Portsmouth and Exeter alternately, beginning at the first. In Massachusetts district at Boston. In Rhode Island district at Newport and Providence alternately, beginning at the first. In Connecticut district at Hartford and New Haven alternately beginning at the last. And in New York district at the city of New York only.
Judges of supreme court at each session to determine the circuits they are respectively to attend, &c.Sec. 3. And be it enacted, That at each session of the supreme court of the United States, or as soon after as may be, the judges of the supreme court attending at such session shall, in writing subscribed with their names (which writing shall be lodged with the clerk of the supreme court and safely kept in his office), assign to the said judges respectively the circuits which they are to attend at the ensuing sessions of the circuit courts; which assignment shall be made in such manner that no judge, unless by his own consent, shall have assigned to him any circuit which he hath already attended, until the same hath been afterwards attended by every other of the said judges. Provided always, That if the public service or the convenience of the judges shall at any time, in their opinion, require a different arrangement, the same may take place with the consent of any four of the judges of the supreme court.[1]
Session of Maine district,
1789, ch. 20.Sec. 4. And be it further enacted, That the district court for the district of Maine, which, by the act, intituled “An act to establish the judicial courts of the United States,” is holden on the first Tuesday of June, annually, at Portland, shall, from and after the passing of this act, be holden on the third Tuesday of June, annually, any thing in the act aforesaid to the contrary notwithstanding: and all writs and recognizances returnable, and suits and other proceedings, that were continued to the district court for the district of Maine1802, ch. 31, sec. 22. on the first Tuesday of June next, shall now be returnable and held continued to the same court, on the third Tuesday of June next.
and of N. Carolina altered.
1797, ch. 27, sec. 2.Sec. 5. And be it further enacted, That the stated district courts for the district of North Carolina shall, in future, be held at the towns of Newbern, Wilmington and Edenton in rotation, beginning at Newbern, as the said court now stands adjourned.
Approved, April 13, 1792.
- ↑ The provisions of the acts of Congress relating to the assignment of the circuits to the justices of the Supreme Court, have been: Act of April 13, 1792, sec. 3; act of March 2, 1793; act of April 29, 1802, sec. 5; act of March 3, 1803; act of March 3, 1837.