United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 64
[Obsolete.]
Chap. ⅬⅩⅣ.—An Act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place of holding certain courts.
Stated term of certain district courts, changed.
1802, ch. 31.Sec. 2. And be it further enacted, That the stated terms of the district courts of Massachusetts, Pennsylvania, and Georgia, be changed, and that, in future, the said courts in Massachusetts shall be held on the third Tuesday in March, the fourth Tuesday in June, the second Tuesday in September, and the first Tuesday in December; in Pennsylvania, on the third Mondays in February, May, August and November; and in Georgia, at the times and places following; in the city of Savannah, on the second Tuesdays in February, May and August, and in Augusta, on the second Tuesday in November; and that the circuit court of the district of Delaware hereafter commence on the second Monday in June, instead of the twenty-seventh day of April, any law to the contrary notwithstanding.
N. Carolina divided into three districts.
1797, ch. 27, sec. 2.Sec. 3. And be it further enacted, That the state of North Carolina shall be divided into three districts, in which the district court of the said state shall be held at such times and places, as are already ascertained by law, that is to say; the district of Wilmington to include all the counties of the state districts of Morgan, Salisbury, Fayetteville and Wilmington:—the district of Newbern to include all the counties of the state districts of Hillsborough, Halifax and Newbern;—and Edenton to include all the counties of the district of Edenton; Process, &c. where returnable.and that all process, pleas, actions, suits and other proceedings, originating in the districts, respectively, shall be returnable to the session of said court to be held at the place directed by law, within the same district, where the cause commenced, and there to be kept with the record thereof, until the final end and determination of the same. Duty of marshal of North Carolina herein.And to the end that suitors, witnesses and all others concerned, may have notice of this alteration in the said courts, the marshal of the said district of North Carolina is hereby required to make the same known by proclamation, on or before the first day of August next.
Effect of process issuing out of either of said districts.Sec. 4. And be it further enacted, That any person living within either of the districts aforesaid, who hereafter shall be arrested, by virtue of process issuing out of the court of either of the said districts, other than that in which he shall so reside, shall be discharged therefrom, on his entering his appearance, and giving bail to the action, in the court of the district in which he shall so reside, in like manner, and to the 1797, ch. 27, sec. 2.like effect, as if the said process had originally been issued out of the court within the said last mentioned district.
Process, &c. commenced, where tried.Sec. 5. And be it further enacted, That all process, actions, pleas, suits and other proceedings, which have been commenced and returned to the separate several sessions of the district court, at such places appointed by law for holding thereof, 1797, ch. 27.shall be tried at the place in each district, where the same were first made returnable.
Clerk of said district court, his duty herein.Sec. 6. And be it further enacted, That the clerk of said district court shall, at each of the places aforesaid, keep a distinct docket and record of such business, returnable as aforesaid, or which may be returned to the session to be held at the said places, respectively, at which places of return, the said business shall be finally heard and determined as aforesaid.
Part of certain act requiring attendance of more than one marshal at supreme court, repealed.
Exception.Sec. 7. And be it further enacted, That so much of the act to establish the judicial courts of the United States, as is, or may be construed to require the attendance of the marshals of all the districts, at the supreme court, shall be, and the same is hereby repealed; and that the said court shall be attended, during its session, by the marshal of the district only, in which the court shall sit, unless the attendance of the marshals of other districts shall be required by special order of the said court.
District court Kentucky after 30th September, to be held at Frankfort.Sec. 8. And be it further enacted, That from and after the last day of of September next the district court for the state of Kentucky, shall be held in the town of Frankfort, any thing in any former act to the contrary notwithstanding.
Approved June 9, 1794.