United States Statutes at Large/Volume 3/15th Congress/1st Session/Chapter 32
Chap. XXXII.—An Act respecting the courts of the United States within the state of New York.
The courts for the northern district to be holden by the judge thereof.
In case of his inability, by the judge of the southern district.
The judge of the northern district to give timely notice to the judge of the southern district.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 district court of the United States, for the northern district of New York, shall be holden by the judge of the said district, and in case of his inability on account of sickness, absence, or otherwise, it shall be the duty of the judge of the southern district of New York to hold the said court, in and for the said northern district, and to do and perform all other acts and duties of the judge of the said northern district, with the like power and authority in all respects. And whenever such inability of the judge of the said northern district, to hold any term of the said court, shall exist, it shall be his duty to give previous timely notice thereof to the judge of the said southern district.
Three terms of the northern district court.
At Albany.
At Utica.
Suits, &c. to be revived and to continue, &c.
Process issued, &c. to be returnable, &c.
Courts may be holden in the northern district at other times, &c. at discretion.
The northern district enlarged.Sec. 2. And be it further enacted, That there shall be held in each year, three terms of the district court for the northern district of New York, to wit: at the city of Albany, on the second Tuesday of May and on the second Tuesday of November: and at the village of Utica, in the county of Oneida, on the third Tuesday of May.[1] And all suits and proceedings in the said court shall be revived, and shall continue in full force, in the same manner as if the said court had been regularly held according to law, and had been adjourned to the term next to be holden by virtue of this act. And all process[es] already issued, or which may be issued, out of the said court, before the passing of this act, shall be held and deemed returnable to the next term thereof, to be holden by virtue of this act. And it shall be at the discretion of the judge of the said northern district of New York, or, in case of his inability, of the judge of the said southern district, to appoint and hold a court or courts at any other time or place, than those before mentioned, within and for the said northern district, as the business therein may require.
Sec. 3. And be it further enacted, That the said northern district of the state of New York shall be, and the same is hereby enlarged, so as to include the counties of Albany, Rensselaer, Schenectady, Schoharie, and Delaware, in the said state.
Proceedings had in suits, &c. in the former district court declared valid.Sec. 4. And be it further enacted, That all proceedings hitherto had in the district courts of the United States, either for the northern or for the southern district of New York, in any suit at common law, or in any civil cause of admiralty and maritime jurisdiction, in continuation of any such suit or cause which had been instituted in the former district court of the United States for the district of New York, be, and the same hereby are, declared as valid and effectual as if the same suit or cause had been originally instituted in the district court in which such proceedings have been had.The jurisdiction of causes, within the limits of the present northern district vested in the court for that district, whether they have or have not been instituted in the former district court.
Pleadings, &c. to be transferred to the clerk’s office for the northern district.
The northern district court to have full power, &c.
Jurisdiction of causes in the southern district vested in the court for that district, whether they have or have not been instituted in the former district court.
Sec. 5. And be it further enacted, That the jurisdiction of every suit or cause, either at common law, or of maritime and admiralty jurisdiction, whether the same hath or hath not been instituted in the district court of the former district of New York, wherein the cause shall have arisen, or the seizure shall have been made, within the limits of the northern district of New York, as prescribed by this act, and which hath not been proceeded in to final judgment or decree, shall be vested in the district court for the northern district of New York; and all pleadings, libels, claims, evidences, and papers, whatsoever, that may have been filed, and all moneys which may have been paid or deposited, in the office of the clerk of the former district of New York, or of the clerk of the southern district of New York, in every such suit or cause, shall be transferred to, and filed and deposited in, the office of the clerk of the northern district of New York. And the said district court of the northern district of New York shall have as full power to hear, try, and determine, the said suits and causes, and to proceed therein to final judgment and decree, as the district court for the district of New York had by law. And the jurisdiction of all suits or causes, whether at common law, or of admiralty and maritime jurisdiction, whether the same hath or hath not been instituted in the district court, for the former district of New York, wherein the cause of action shall have arisen, or the seizure shall have been made, within the limits of the southern district of New York, and which have not been proceeded in the final judgment or decree, shall be vested in the district court for the southern district of New York, and the said court shall have as full power to hear, try, and determine the said suits and causes, as the district court for the district of New York had by law.
Original jurisdiction of the circuit court of the southern district, confined to causes arising within that district.Sec. 6. And be it further enacted, That the original jurisdiction of the circuit court of the southern district of New York shall be confined to causes arising within the said district, and shall not be construed to extend to causes of action arising within the northern district of New York.
Approved, April 3, 1818.
- ↑ By the act to alter the times of holding the district court in the northern district of New York, passed March 2, 1821, the district court is directed to be held at Utica on the last Tuesday in August, and at Albany on the last Tuesday in August, and at Albany on the last Tuesday in January, annually. As to the jurisdiction of the district court of the northern district of New York, see the act respecting the jurisdiction of certain district courts, Feb. 19, 1831, ch. 28. By the act of March 3, 1837, ch. 32, sec. 2, circuit courts are directed to be held in the northern district of New York, at Albany, on the second Tuesday in June, and third Tuesday in October, annually. See Act of March 3, 1823, ch. 41. Act of March 3, 1825, ch. 52.