conditions for the security of the adverse party as they may judge proper, be stayed 24 Sept. 179. forty-two days from the time of entering judgment, (a) to give time to file in the clerk's New trials. office of said court, a petition for a new trial. And if such petition be there filed within said term of forty-two days, with a certificate thereon from either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall of course be further stayed to the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void. Ibid. 19. 28. It shall be the duty of circuit courts, in causes in equity and of admiralty and maritime jurisdiction, to cause the facts on which they found their sentence or decree, In equity and adfully to appear upon the record either from the pleadings and decree itself, or a state of miralty, facts to be placed on the case agreed by the parties or their counsel, or if they disagree, by a stating of the record. case by the court. (b) 29. Where in a circuit court a plaintiff in an action, originally brought there, or Thid. ? 20. a petitioner in equity, other than the United States, recovers less than the sum or value Costs. of five hundred dollars, or a libellant, upon his own appeal, less than the sum or value of three hundred dollars, he shall not be allowed, but at the discretion of the court, may be adjudged to pay costs.(c) 3 Stat. 643. judge is interest transferred to circuit court. 30. In all suits and actions in any district court of the United States, in which it shall 3 March 1821 ? 1. appear that the judge of such court is in any ways concerned in interest, or has been of counsel for either party, or is so related to or connected with either party, as to render Where district it improper for him, in his opinion, to sit on the trial of such suit or action, it shall be ed, &c., case to be the duty of such judge, on application of either party, to cause the fact to be entered on the records of the court; and also, an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the next circuit court of the district; and if there be no circuit court in such district, to the next circuit court in the state; and if there be no circuit court in such state, to the most convenient circuit court in an adjacent state; which circuit court shall, upon such record being filed with the clerk thereof, take cognisance thereof, in the like manner as if such suit or Jurisdiction of action had been originally commenced in that court, and shall proceed to hear and determine the same accordingly; and the jurisdiction of such circuit court shall extend to all such cases so removed, as were cognisable in the district court from which the same was removed. circuit court. 5 Stat. 314. when conta 31. The judges or some one of them, of the circuit courts of the United States, shall 18 Jan. 1839 3 9. have power to direct said courts to be adjourned over to some future day, designated in a written order to the clerk of either of said courts, whenever there is a dangerous and Adjournment general disease at the place where said court is usually holden; and the adjournment gious disease over by the clerk, in the absence of the judges, shall have the same force and effect as if prevails. the judges had been present. 5 Stat. 322. 32. All the circuit courts of the United States shall have the appointment of their own 28 Feb. 1839 ? z. clerks; and in case of a disagreement between the judges, the appointment shall be made by the presiding judge of the court.(d) 5 Stat. 392. 1 33. Whenever it shall so happen that neither of the judges of a circuit court of the 4 July 1840 3 1 United States shall attend at the commencement of a session of the said court, or at the time appointed on any adjournment thereof, to open and adjourn the said court in person, Courts may he adjourned by either of the said judges may, by a written order to the marshal, adjourn the court from order in writing time to time, as the case may require, to any time or times antecedent to the next stated to the marshal. term of the said court;(e) and all suits, actions, writs, processes, recognisances and other proceedings, pending in such court, or returnable to, or to be acted upon at such court, Effect thereof. shall have day and be returnable to and be heard, tried and determined at such adjournment or adjournments in the same manner and with the same effect as if the said court had been duly opened and held at the commencement of such session, or other day appointed therefor; and all persons bound or required to appear at the said court either as jurymen, witnesses, parties or otherwise, shall be bound and required to attend at such adjournment or adjournments accordingly. (a) A motion to set aside a judgment by default made, after the term is over, by petition to a judge, is not within the words or equity of this section. Popino v. McAllister, 4 W. C. C. 393. (b) By act 3 March 1803, 2, 2 Stat. 244, a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever in the cause, is to be transmitted to the supreme court, on appeal. instead of the statement required by this section. In chancery cases, the parol testimony which is heard at the trial, in the court below, ought to appear in the record. Conn v. Penn. 5 Wh. 424. By act 26 February 1853, 21, it is provided that "in equity and admiralty causes, only the process, pleading and decree, and such rules and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record; and, in case of an appeal, copies of the proofs, and of such entries and papers on file as may be necessary on hearing of the appeal, may be certified up to the appellant court." 10 Stat. 163. (e) See Hulsecamp v. Teel, 2 Dall. 358. Kneass v. Schuylkill Bank. 4 W. C. C. 106. Ellis v. Jarvis, 3 Mas. 457. Green v. Liter, 8 Cr. 242. (d) The act 9 March 1848 provides "that in case of a vacancy in the office of the clerk of any circuit court of the United States, in vacation, the judge of the district court in the district withan which such vacancy occurs, may appoint a clerk, who shall bo'd said office until the end of the next term of the circuit court for said district, unless the office is sooner filled by an appointment according to existing laws." 9 Stat. 213. The power of appointment, no tenure of office being prescribed, includes the power of removal at pleasure. Ex parte Hennen. 13 Pet. 230. (e) See supra, 26. The act 19 May 1794 provides "that a circuit court in any district, when it shall happen that no justice of the supreme court attends within four days after the time appointed by law for the commencement of the session, may be adjourned to the next stated term by the judge of the district, or in case of his absence also, by the marshal of the district." 1 Stat. 369. Citizenship. 1. Children born abroad to be deemed citizens. 10 Feb. 1855 1. 10 Stat. 604. [See ALIENS.] 2. Wives of citizens. 1. Persons heretofore born, or hereafter to be born, out of the limits and jurisdiction of the United States, whose fathers were or shall be at the time of their birth citizens of the United States, shall be deemed and considered and are hereby declared to be deemed citizens citizens of the United States: Provided however, That the rights of citizenship shall not descend to persons whose fathers never resided in the United States. (a) Children born abroad to be Ibid. § 2. 2. Any woman who might lawfully be naturalized under the existing laws, married, Wives of citizens. Or who shall be married to a citizen of the United States, shall be deemed and taken to be a citizen. Claims. [See COURT OF CLAIMS.] 1. Claims to be paid only to the claimants, their legal representatives or attorneys. Requisites of warrant of attorney. How attested and acknowledged. 2. How assignments to be executed and attested. 3. No officer of the United States to act as claim agent. Punishment for so doing. or attorneys. 4. Members of congress not to be interested in claims on the government. Punishment. 5. Act of 1846 to apply to all claims. 29 July 1846 1. 1. Whenever a claim on the United States aforesaid shall hereafter have been allowed 9 Stat. 41. by a resolution or act of congress, and thereby directed to be paid, the money shall not, Claims to be paid nor shall any part thereof, be paid to any person or persons other than the claimant or only to the claimants, their legal claimants, his or their executor or executors, administrator or administrators,(b) unless representatives such person or persons shall produce to the proper disbursing officer a warrant of attorney executed by such claimant or claimants, executor or executors, administrator or administrators, after the enactment of the resolution or act allowing the claim;(c) Requisites of war and every such warrant of attorney shall refer to such resolution or act, and expressly rant of attorney. recite the amount allowed thereby, and shall be attested by two competent witnesses, and be acknowledged by the person or persons executing it, before an officer having authority to take the acknowledgment of deeds, who shall certify such acknowledgment; How attested and and it shall appear by such certificate that such officer, at the time of the making of acknowledged. such acknowledgment, read and fully explained such warrant of attorney to the person or persons acknowledging the same. 26 Feb. 1853 1. 10 Stut. 170. to be executed and attested. Ibid. 22. No officer of the 2. All transfers and assignments hereafter made of any claim upon the United States, or any part or share thereof, or interest therein, whether absolute or conditional, and How assignments whatever may be the consideration therefor, and all powers of attorney, (d) orders or other authorities for receiving payment of any such claim, or any part or share thereof, shall be absolutely null and void, unless the same shall be freely made and executed in the presence of at least two attesting witnesses, after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. 3. Any officer of the United States, or person holding any place of trust or profit, or discharging any official function under, or in connexion with, any executive department of the government of the United States, or under the senate or house of representatives of the United States, who, after the passage of this act, shall act as an agent or attorney for prosecuting any claim against the United States, or shall in any manner, or by any means, otherwise than in the discharge of his proper official duties, aid or assist in the prosecution or support of any such claim or claims, or shall receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution Punishment for of such claim, shall be liable to indictment, as for a misdemeanor, in any court of the United States having jurisdiction thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge.(e) act as claim agent. so doing. (a) See an able article on the subject, from the pen of Mr. Horace Binney, in 2 Am. L. R. 193. (b) Neither the agent, nor attorney who prosecuted any claim, nor any substituted attorney, is entitled to receive the amount, except he produce such a warrant of attorney as is prescribed by this act. 5 Opin. 36. The act clearly prohibits payment to the attorneys, except they produce a warrant of attorney executed subsequent to the passage of the act allowing the claim, reciting the amount, properly executed, attested and acknowledged. Ibid. 85. (c) This provision has no application to a warrant of attorney given by an assignee of the original claimant, which is provided for by the act 26 February 1853, infra, 2. 6 Opin. 60. (d) This act does not apply to a warrant of attorney given by the original claimant, which is provided for by the act of 1846, supra. 1. 6 Opin. 60. (e) All contracts for a contingent compensation for obtaining legislation, or to use personal, or any secret, or sinister influence on legislators, are void, as against public policy. Marshall v Baltimore and Ohio Railroad Co., 16 How. 314. interested in government. 4. Any senator or representative in congress who, after the passage of this act, shall, 26 Feb. 1853 § & for compensation paid or to be paid, certain or contingent, act as agent or attorney for Members of con prosecuting any claim or claims against the United States, or shall in any manner or by gress not to be any means for such compensation aid or assist in the prosecution or support of any such claims on the claim or claims, or shall receive any gratuity, or any share of or interest in claim any from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted in the prosecution of such claim, shall be liable to indictment as for a misdemeanor in any court of the United States having jurisdiction Punishment. thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge. Ibid. 7. 5. The provisions of this act, and of the act of July 29th 1846, entitled "An act in relation to the payment of claims," shall apply and extend to all claims against the Act of 1846 to United States. whether allowed by special acts of congress, or arising under general apply to all laws or treaties, or in any other manner whatever. claims. 6. Nothing in the second and third sections of this act contained shall be construed Ibid. 28. to apply to the prosecution or defence of any action or suit in any judicial court of the Not to apply to United States. Clerks. 1. Annual reports to be made to congress respecting the clerks employed in the departments. 2. No allowance to be made for extra services. 8. Duties of chief clerks. 4. In what cases only, extra clerks may be employed. 5. Not to receive salary of head of bureau, whilst he himself receives it. 6 Classification of clerks in the departments. 7. Treasury department. 8. War department. 9. Navy department. 10. Interior department. 11. Post office. 12. Chief clerks. Their compensation. actions at law. 5 Stat. 525. to be made to con clerks cun 1. It shall be the duties of the secretaries of state, of the treasury, war and navy, of 26 Aug. 1842 3 11 the commissioners of the navy, of the postmaster-general, of the secretary of the senate and of the clerk of the house of representatives, to report to congress, at the beginning Annual reports of each year, the names of the clerks and other persons that have been employed, gress respecting respectively, during the preceding year, or any part thereof, in their respective depart-loved in the dements and offices, together with the time that each clerk or other person was actually partments. employed, and the sums paid to each; and, also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better despatch of business; and no greater allowance shall be made to any such clerk or other person than is or may be authorized by law, except to watchmen and messengers, (a) for any labor or services required of them beyond the particular duties of their respective stations, rendered at such times as does not interfere with the performance of their regular duties. Thid. 2 12. 2. No allowance or compensation shall be made to any clerk or other officer, by reason of the discharge of duties which belong to any other clerk or officer in the same or any No allowances to other department;(6) and no allowance or compensation shall be made for any extra be made for extra services whatever, which any clerk or other officer may be required to perform. (c) services. Ibid. 2 13 3. It shall be the duty of each chief or principal clerk in the respective departments, bureaus and other offices, to supervise, under the direction of his immediately superior Duties of chief officer, the duties of the other clerks therein, and to see that their duties are faithfully clerks. executed, and that such duties are distributed with equality and uniformity, according to the nature of the case. And such distribution shall be revised, from time to time, by the said chief or principal clerk, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business; and such chief or principal clerk shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or despatch of business; and such defect shall be amended by new arrangements of duties, dismissal of negligent or incompetent officers or otherwise. (a) Neither an "assistant messenger," nor a "laborer," comes within this exception. White v. United States, Dev. C. C. 47. (b) The object of this section is merely to require that the order authorizing any officer to perform the duties of a higher grade shall have been given previously to the performance of such duties; but it need not be in writing. Magruder v. United States, Dev. C. C. 47-8. (c) The act 20 April 1818. ? 9. which is supplied by the act iu the text, provided that no higher or other allowance should be made to any clerk in the said departments and offices than was thereby authorized. 3 Stat. 447. And see 2 Opin. 582. 6 Ibid. 583. 26 Aug. 1842 15. In what cases 4. No extra clerk shall be employed, in any department, bureau or office, at the seat of government, except during the session of congress, or when indispensably necessary only, extra clerks to enable such department, bureau or office, to answer some call made by either house of may be employed. congress at one session, to be answered at another; and not then, except by order of the head of the department in which, or in some bureau or office of which, such extra clerk shall be employed ;(a) and no such extra clerk, for copying, shall receive more than three dollars per day, or for any other service more than four dollars per day, for the time actually and necessarily employed. 9 Stat. 370. 8 March 1849 4. 5. No clerk or other officer shall receive the salary of any secretary or head of bureau for acting or having acted in his place or office, while said secretary or head of bureau receives such salary. 3 March 1853 10 Stat. 209. Classification of cierks in the departments. 3. 6. The clerks in the departments (b) of the treasury, war, navy, the interior and the post office, shall be arranged into four classes, of which class number one shall receive an annual salary of nine hundred dollars each, class number two an annual salary of one thousand two hundred dollars each, class number three an annual salary of one thousand five hundred dollars each, and class number four an annual salary of one thousand eight hundred dollars each.(c) Treasury department. War department. 7. In the office of the secretary of the treasury, four of class one, six of class two, six of class three, and five of class four. In the office of the solicitor, one of class one, two of class two, three of class three, and one of class four. In the office of the first comptroller, two of class one, five of class two, and seven of class three.(d) In the office of the second comptroller, three of class one, four of class two, and seven of class three. In the office of the first auditor, three of class one, (e) six of class two, and nine of class three. In the office of the second auditor, two of class one, six of class two, and eleven of class three. In the office of the third auditor, three of class one, forty-one of class two, and eight of class three. In the office of the fourth auditor, one of class one, four of class two, and nine of class three. In the office of the fifth auditor, two of class one, three of class two, and two of class three.(g) In the office of the auditor of the treasury for the post office department, twenty of class one, fifty of class two, twenty-six of class three, and five of class four.(h) In the office of the register, five of class one, eighteen of class two, and four of class three.(i) In the office of the commissioner of customs, three of class one, four of class two, and three of class three. In the office of the treasurer, two of class one, five of class two, and five of class three.(k) And in the office of the light-house board, one of class one, one of class two, and two of class three. 8. In the office of the secretary of war, one of class one, two of class two, two of class three, and one of class four. (1) In the office of the general-in-chief, one of class two. In the office of the adjutant-general, two of class one, five of class two, one of class three, and one of class four. In the office of the quartermaster-general, three of class one, five of class two, two of class three, and one of class four. In the office of the paymaster-general, two of class one, three of class two, two of class three, and one of class four. In the office of the commissary-general, two of class one, two of class two, one of class three, and one of class four. In the office of the surgeon-general, one of class one, one of class two, and one of class four. In the office of the colonel of engineers, one of class one, two of class two, one of class three, and one of class four. (a) See Dickens v. United States, Dev. C. C. 42. Boyd v. United States, Ibid. 47, 82. McElderry v. United States, Ibid. 81. () As to the clerks in the state department: e infra. 17. (c) Salaries of first, second and third classes, increased; infa. 14. (d) See infra, 19. (e) Two additional; infra, 16. (g) One more; infra, 19. (h) See infra, 16, 21. (1) Number increased; infra, 15. And see infra, 19. (k) See infra, 16. (1) See infra, 19. In the office of the colonel of topographical engineers, one of class one, two of class 2 March 1853. two, one of class three, and one of class four.(a) And in the office of the colonel of ordnance, two of class one, four of class two, one of class three, and one of class four. 9. In the office of the secretary of the navy, four of class two, six of class three, and Navy departone of class four. In the bureau of construction, equipment and repairs, one of class one, seven (including the draughtsman, of class two) and one of class four. In the bureau of yards and docks, one of class one, four (including the draughtsman) of class two, and one of class four. In the bureau of provisions and clothing, four of class two, and one of class four. In the bureau of ordnance and hydrography, four (including the draughtsman) of class two, and one of class four. And in the bureau of medicine and surgery, two of class two, and one (the assistant) of class four. ment. 10. In the office of the secretary of the interior, four of class two, three of class three, Interior departand three of class four.(b) In the office of the commissioner of pensions, ten of class one, thirty of class two, five of class three, and four of class four.(c) In the office of the commissioner of the general land office, forty of class one, forty of class two, twenty-three of class three, and three of class four. (d) In the office of the commissioner of Indian affairs, six of class two, six of class three, and three of class four. (e) And in the office of the commissioner of patents, eight of class two, twelve (including the six assistant examiners) of class three, and one of class four. ment. 11. In the office of the postmaster-general, ten of class one, (g) thirty-three of class Post office. two, twenty-nine of class three, and six (including the topographer) of class four. 12. And there shall be a chief clerk for each of the offices of the solicitor, first Chief clerks. comptroller, second comptroller, first auditor, second auditor, third auditor, (h) fourth auditor, fifth auditor, auditor of the treasury for the post office department, register, commissioner of customs, treasurer, light-house board, commissioner of pensions, commissioner of the general land office, commissioner of Indian affairs, and commissioner of patents, who shall be allowed an annual compensation of two thousand dollars each; and Their compensa there shall be a chief clerk for each of the departments of the treasury, war, navy, interior and general post office, who shall be allowed an annual compensation of two thousand two hundred dollars each. t'or. amined. allowed. clerks. 13. No clerk shall be appointed in either of the four classes until after he has been Clerks to be exexamined and found qualified by a board, to consist of three examiners, one of thera to be the chief of the bureau or office into which he is to be appointed, and the two others to be selected by the head of the department to which the said clerk will be assigned. Nor shall any clerk in the departments herein named receive any other salary or money No extra comfor extra services than the sum or sums specified in this section, at any time after this pensation to be section has been executed by a classification of the clerks as it prescribes. There shall be a disbursing clerk for each of the departments of war, navy and the post office; not more than three for the treasury department, at the discretion of the secretary thereof; and not Disbursing more than three for the department of the interior, at the discretion of the secretary thereof. The said clerks to be appointed out of class four by the heads of the respective departments, and to receive such sum, in addition to their regular salaries, as may Salaries. amount in all to two thousand dollars per annum. But it shall be their further duty, when designated by the head of the department for that service, to superintend the Bonds. buildings, and they shall give bonds as required by the independent treasury act: Provided, That the clerks when distributed and arranged as required by this section Permanent cleri shall be paid according to its provisions, out of any money in the treasury not otherwise. departments appropriated, and shall constitute the whole of the permanent clerical force of the departments of the treasury, war, navy, the interior and the post office, with the exception of the census bureau, which is not included in this arrangement, and the clerks temporarily employed in the office of the third auditor on bounty land service, and on arrearages of pay: And provided further, That each head of the said departments may Distribution may be changed. alter the distribution herein made of the clerks amongst the various bureaus and offices in his departments, if he should find it necessary and proper to do so. (a) One more, infra, 19. (b) See infra, 19. (e) Increased; infra, 15. (d) This does not repeal the provision of the act 4 July 1836, 5 Stat. 107, for the appointment of “principal clerks" of the land office. 6 Opin. 42 (e) See infra, 20. (g) Four additional, infra, 18. cal force of the (4) The act 3 March 1851, 4, provided for the appointment of an assistant chief clerk in the third auditor's office, which appears to be repealed by this act. 9 Stat. 618. |