9 May 1836. 26 Aug. 1842 14 5 Stat. 525. be made to con gress. averses of foreign intercourse, and of all the missions abroad except such expenditures as are settled upon the certificate of the president; said statements to be abstracts of the accounts with the names of all persons to whom payments have been made and the amount paid to each. 7. It shall be the duty of the several heads of departments, in communicating estimates of expenditures and appropriations to congress, and to any of the committees How estimates to thereof, to specify, as nearly as may be convenient, the sources from which such estimates are derived, and the calculations upon which they are founded; and, in so doing, to discriminate between such estimates as are conjectural in their character, and such as are framed upon actual information and application from disbursing officers; and, in communicating the several estimates, reference shall be given to the laws and treaties by which they are authorized, the dates thereof, and the volume, page and section in which the necessary provisions are contained. Ibid. 2 16 8. No messenger, assistant messenger, laborer or other person, shall be employed in Messengers, &c. any department, bureau or office at the seat of government, or paid out of the contingent fund appropriated to such department, bureau or office, unless such employment shall be authorized by law, or shall become necessary to carry into effect some object for Newspapers, &c. which appropriations may be specifically made; and not exceeding one hundred dollars per annum shall be applied by each department (except the department of state) for the purchase of newspapers for such department, and all the bureaus and offices connected therewith; and such papers shall be preserved as files for said department. Ibid. ? 17. Stationery and printing to be procured by contract. 9. All stationery, of every name and nature, for the use of the two houses of congress, and all stationery and job printing, of every name and nature, for the use of the several departments of government, and for the bureaus and offices in those departments at Washington, including all stationery, blanks, wrapping paper and twine, and mail-bags, furnished the post offices and collectors' offices throughout the United States, shall hereafter be furnished and performed by contract, (a) by the lowest bidder, as follows: the Advertisements. secretary of the senate, the clerk of the house of representatives, the head of each department, and such deputy postmasters in the post office establishment, and such collectors in the custom-house establishment, as the postmaster-general and the secretary of the treasury shall respectively designate for that purpose, shall respectively advertise, once a week, for at least four weeks, in one or more of the principal papers published in the places where such articles are to be furnished, or such printing done, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, or for doing such printing, or the whole of any specified job thereof, to be done at such place, specifying in such advertisement the amount, quantity and description of each kind of articles to be furnished, and, as near as may be, the nature, amount and kind of printing to be done; and all such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened, by or under the direction of the officer making such advertisement, in the presence of at least two persons; and the person offering to furnish any class of such articles, or to perform any specified portion or job of said work, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for doing the same; (b) and in case the lowest bidder shall fail to enter into such contract and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder who shall enter into such conLiability in case tract and give such security. And in case of a failure to supply the articles or to perform the work, by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States, in any court having jurisdiction thereof. (c) When proposals to be opened. To whom contract to be awarded. of failure. Ibid. 18. 10. All such bids or proposals shall be returned by the person authorized, as aforeProposals to be said, to receive the same, to the executive department from which such authority is derived, and shall be preserved in said department, subject to such examination as congress may at any time order and direct. filed. Ibid. 19. What books, &c., may be purchased out of the contingent funds. 11. No part of the contingent fund appropriated to any department, bureau or office, shall be applied to the purchase of books, periodicals, pictures or engravings, or other thing, except such books, periodicals and maps, or other thing, as the head of such department shall deem necessary and proper to carry on the business of such department, and shall, by written order, direct to be procured for that purpose. 12. Whenever, hereafter, in submitting to congress the annual estimates from the (a) These provisions as to the job printing of the departments are in substance repealed by the act 6 August 1852 11, (tit. "Printing," 16); and therefore the postmaster-general may law fully contract for any convenient time, with printers out of the city of Washington, to execute such printing for the post office department, as may be required for use out of Washington. 7 Opin. 680 (b) The head of a department, advertising according to law for proposals for stationery, is the competent and only judge of the matters of fact involved in the acceptance or rejection of any of the proposals. And his decision is not subject to revision by any other authority. 6 Opin. 226. (c) By act 17 June 1944, the printing for the supreme court is to be let by contract in the same manner. 5 Stat. 090. 5 Stat. 693. several executive departments of the government, it shall be found that the usual items 17 June 1844 2 2 of such estimates vary materially in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for New estimates, &c., to be accomthe year next preceding, and whenever new items not theretofore usual shall be intro- panied by exduced into such estimates for any year, the estimates shall be accompanied by minute planations. and full explanations from the head of the appropriate department, of all such variations and new items, setting forth the reasons and grounds upon which the amounts are required, and the different items added; and whenever any such estimate, whether annual or special, shall ask an appropriation for any new specific expenditure, such as When to be ac the construction of a fort, the erection of a custom house or other public building, or the companied by plans. construction of any other public work requiring a plan before the building or work can be properly completed, every such estimate shall be accompanied by a full plan and detailed estimates of the cost of the whole work; and all subsequent estimates for every such work shall give the original estimated cost, the aggregate amount theretofore How subsequent appropriated for the same, and the amount actually expended thereupon, as well as the estimates to be amount asked for the current year for which such estimates shall be made; and whenever any such subsequent estimate shall ask for an appropriation for any such work beyond the original estimate of the cost, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated. made. 10 Stat. 98. 13. It shall not be lawful for the officer or person in charge of any bureau or office in 31 Aug. 1852 ? 8 any of the departments of the government, to print or cause to be printed, at the public expense, any report he may make to the president of the United States, or to the head of any of the departments. 10 Stat. 573. 14. Whenever it shall become necessary for the head of any department or office to 4 Aug. 1854 ? 14. employ special agents, other than officers of the army or navy, who may be charged with the disbursement of public moneys, they shall, prior to entering upon duty as such, give Bonds of special bond in such form and with such security as the head of the department or office employing said agent may approve. agents. 10 Stat. 670. Act 17 June 1844 15. That the provisions contained in the second section of the act entitled "An act 3 March 1855 ? 8. making appropriations for the civil and diplomatic expenses of the government," approved the 17th day of June 1844, be required to be carried into effect in all particulars, any to be strictly comact in conflict therewith being hereby repealed; and all estimates for the compensation plied with. of officers of the government authorized by law to be employed shall be based upon the expressed provisions of law, and not upon the authority of executive distribution thereof; and the act, and section authorizing the same, with the volume and page where such authority may be found, shall be cited in each and all estimates respectively. District Attorneys. [See ACCOUNTS. BONDS. FEES.] Appointment. Oath. Duties. Compensation. 2. When they may appoint substitutes 1 Stat. 92. 1. There shall be appointed in each district a meet person learned in the law to act 24 Sept. 1789 2 35. as attorney for the United States in such district, (a) who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all Appointment. delinquents for crimes and offences, cognisable under the authority of the United States, Oath. and all civil actions in which the United States shall be concerned, (b) except before the Duties. supreme court in the district in which that court shall be holden. And he shall receive Compensation. as a compensation for his services such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be. (c) 11 Stat. 51. 2. Whenever, from any cause, it may be impossible for the district attorney to attend 16 Aug. 1856 314 at court, it shall be his duty to see that a meet and proper person, learned in the law, residing as near the place where the court is held as possible, does attend to such busi- When they may ness as may appertain to the duties of his office, and in all such cases the fees and tutes. charges to be paid shall be only such as the district attorney would have been authorized (a) By act 15 May 1820, they are to be appointed for the term of four years, but to be removable from office at pleasure. 3 Stat. 582. (b) The district attorney is under the control and direction of the president, in the institution and prosecution of suits in the name and on behalf of the United States; and it is within the legitimate power of the president to direct him to institute, or to discontinue a pending suit, and to point out to him his duty, whenever the interest of the United States is directly or indirectly concerned. 2 Opin. 491-2. See The Schooner Exchange v. McFad appoint substi 16 August 1856. by law to charge had he personally attended and performed the service: Provided hou That before any such substitution is sanctioned, or payment made, the necessity thereof shall be shown to the satisfaction of the secretary of the interior. ever, District Courts. [See ADMIRALTY. EQUITY. PRACTICE.] I. ORGANIZATION of the DISTRICT COURTS. 1. Court in each district. Sessions. Special courts. records to be kept. Where 2. In case of disability of district judge, court to be held by justice of supreme court. Records to be certified into the next circuit court. Order to be published. Powers of the circuit court in such cases. Justice of supreme court not to be required to hold special courts, &c. 3. Duties of the clerk of the district court. On ceasing of dis ability, causes to be remanded. 4. Clerks, during such disability, may be empowered to take examinations and make rules, &c. 5. In case of disability, another district judge may be appointed to hold the courts. 6. When such appointment to be made by the chief justice. 7. Duties of the judge so appointed. 8. If necessary, a new appointment may be made. 9. Travelling expenses to be allowed. How paid. 10. In case of accumulation of business, &c., special courts to be held. Two district courts may sit at the same time. 24 Sept. 1789 23. 1 Stat. 73. Court in each district. Sessions. II. JURISDICTION OF THE DISTRICT COURTS. 11. Criminal jurisdiction. Admiralty seizures. Penalties and forfeitures. Suits by aliens. By the United States. Suits against consuls. Facts to be tried by jury, except in admiralty. 12. No person to be arrested in another district for trial in s civil suit. No process to be served out of the proper district. Suits by assignees. Appeals to circuit courts. 13. Jurisdiction enlarged in suits by the United States or their officers. 14. To have jurisdiction of trials for piracy in certain cases. 15. To have concurrent criminal jurisdiction except in capital To hold monthly adjournments. cases. III. MISCELLANEOUS PROVISIONS. 16. Adjournments in absence of the judge. 17. Where district judge is interested, &c., case to be certified to the circuit court. 18. Adjournment, on judge's order by the marshal. 19. When cases to be certified to the circuit courts. To what circuit court. 20. No grand jury to be summoned, unless by special order. I. ORGANIZATION OF THE DISTRICT COURTS. 1. That there be a court called a District Court in each of the afore-mentioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a district judge, and shall hold annually four sessions; the first of which to commence as follows, to wit: (a) and that the special courts shall be held at the same (a) The terms and places of holding the several district courts are now as follows, to wit: In Alabama, at Mobile, on the fourth Monday in April, and the second Monday after the fourth Monday in November; at Huntsville, on the second Mondays in May and November; and at Montgomery, on the fourth Mondays in May and November. Act 4 May 1852, 10 Stat. 5. In Arkansas, at Little Rock, on the first Mondays in April and 5, In California, at San Francisco, on the first Mondays in December and June; at Monterey, on the first Monday in June; and at Los Angelos, on the first Monday in December. Act 28 Septem bor 1850, 9 Stat. 521. In Connecticut, at Hartford, and New Haven, alternately, on the furth Tuesdays in February, May, August and November. Acts 21 September 1789, 1 Stat. 74; and 6 February 1812. 2 Stat. 676. In Delaware, at Wilmington, on the second Tuesdays in April, June, September and January. Acts 10 May 1852, 10 Stat. 5; and 14 June 1856, 11 Stat. 22. In Florida, at Key West, on the first Mondays in May and November; at Tallahassee, on the first Monday in January; at St. Augustine, on the first Monday in April; at Apalachicola, on the first Monday in February; and at Pensacola, on the first Monday in March. Acts 3 March 1845 2 5, 5 Stat. 788; and 23 February 1847 8, 9 Stat. 132. In Georgia, at Savannah, on the second Tuesdays in February, May, August and November; and at Marietta, on the second Mondays in March and September. Acts 9 June 1794, 1 Stat. 398; 29 April 180215, 2 Stat. 165; and 11 August 1848 2 2, 9 Stat. 280. In Illinois, at Chicago, on the first Monday in July and third Monday in December; and at Springfield, on the first Mondays in January and June. Acts 13 February 1855, 10 Stat. 606; and 23 April 1856, 11 Stat. 4. In Indiana, at the seat of government, on the third Mondays in May and November. Act 10 March 1838, 5 Stat. 215. In Iowa, at Dubuque, on the first Mondays in January and July; at Iowa City, on the first Mondays in May and October; and at Burlington, on the third Mondays in May and October. Act 26 February 1853, 10 Stat. 171. In Kentucky, at Frankfort, on the third Mondays in May and October. Acts 24 February 1807 4, 2 Stat. 421; and 11 August 3848, 9 Stat. 282. In Louisiana, at New Orleans, on the third Mondays in November, February and May; at Opelousas, on the first Monday in August; at Alexandria, on the first Monday in September; at Shreveport, on the first Monday in October; at Monroe, on the first Monday in November; and at St. Josephs, on the first Monday in December. Acts 3 March 1849, 9 Stat. 401; 29 July 1850, Ibid. 441; and 20 July 1854, 10 Stat. 307. In Maine, at Bangor, on the fourth Tuesday in June; at Portland, on the first Tuesday in February; and at Wiscasset, on the first Tuesday in September. Acts 28 November 1811, 2 Stat. 667; 27 January 1831, 4 Stat. 434; and 15 February 1843, 5 Stat. 600. In Maryland, at Baltimore, on the first Tuesdays in March, June, September and December. Acts 21 September 1789, 1 Stat. 74; and 29 April 1802 15, 2 Stat. 165. In Massachusetts, at Boston, on the third Tuesday in March, the fourth Tuesday in June, the second Tuesday in September, and the first Tuesday in December. Acts 24 September 1789, 1 Stat. 74; 9 June 1794, 1 Stat. 396; and 3 March 1813, 2 Stat. 815. In Michigan, at Detroit, on the third Monday in June, and second Monday in October. Act 14 March 1848, 9 Stat. 214. In Mississippi, at Jackson, on the fourth Mondays in January and June; and at Pontotoc, on the first Mondays in June and December. Acts 5 May 1830, 4 Stat. 399; 3 May 1835, Ibid. 773; and 18 June 1838, 5 Stat. 247. In Missouri, at St. Louis. on the third Mondays in February, May and November; and at Jefferson, on the first Mondays in March and September. Act 3 March 1857, 11 Stat. 197. In New Hampshire, at Exeter and Portsmouth, alternately, on the third Tuesdays in December, March, June and September. Act 21 September 1789, 1 Stat. 74. In New Jersey, at Trenton, on the third Tuesdays in January, April. June and September. Acts 4 June 1844, 5 Stat. 600; and 12 August 1848, 9 Stat. 303. In New York, at New York, on the first Tuesday of each month; at Albany, or the third Tuesday in January; at Utica, on the second Tuesday in July; at Rochester, on the third Tuesday in May; at Buffalo, on the second Tuesday in November; at Auburn, on the third Tuesday in August: and one other term annually, at such time, and in such place, within the counties of St. Lawrence, Clinton or Franklin. as the district judge shall from time to time appoint. Acts 29 May 1830, 4 Stat. 422; 7 July 1838, 5 Stat. 295; and 8 August 1846, 9 Stat. 74. In North Carolina, at Edenton, on the third Mondays in April and October; at Newbern, on the fourth Mondays in April and October; and at Wilmington, on the Mondays next succeeding the fourth Mondays in April and October. Act 10 March 1828, 4 Stat. 254. In Ohio, at Cincinnati, on the third Tuesdays in April and October; and at Cleveland, on the second Tuesdays in July and Novem ber. Act 10 February 1855, 10 Stat. 004. In Pennsylvania, at Philadelphia, on the third Mondays in February, May, August and November: at Pittsburgh, on the first Monday in May, and third Monday in October; and at Williamsport, on the third Monday in June, and first Monday in October. Acts 9 June 1794, 1 Stat. 396; 20 April 1818, 3 Stat. 462; 15 May 1820, Ibid. 598; 26 May 1824, 4 Stat. 50; 5 April 1826, Ibid. 153; 8 May 1840, 5 Stat. 380; and 27 July 1842, Ibid. 496. In Rhode Island. at Newport, on the second Tuesday in May, the third Tuesday in October, and the first Tuesdays in August and February. Act 23 March 1804, 2 Stat. 273. In South Carolina, at Charleston, on the third Mondays in March and September, the first Monday in July, and the second Monday in December; and at Greenville, on the first Monday in August. Acts 24 September 1789, 1 Stat. 74; 21 February 1823, 3 Stat. 726; and 16 August 1856, 11 Stat. 43. In Tennessee, at Jackson, on the first Mondays in April and October; at Knoxville, on the third Monday in May, and fourth Monday in November; and at Nashville, on the third Mondays in April and October. Act 3 July 1856, 11 Stat. 23. In Texas, at Galveston, on the first Mondays in December and May; at Brownsville, on the first Mondays in March and October; at Austin, on the first Mondays in January and June; and place in each district as the stated courts, or in listricts that have two, at either of them, 24 Sept. 1789. in the discretion of the judge, or at such other place in the district as the nature of the Special courts. business and his discretion shall direct. And that, in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and Where records to in districts that have two, at that place in each district which the judge shall appoint. be kept. 2 Stat. 534. supreme court. next circuit lished. 2. In case of the disability of the district judge of either of the districts of the United 2 March 1809 § 1. States to hold a district court, and to perform the duties of his office, and satisfactory evidence thereof being shown to the justice of the supreme court, allotted to that circuit In case of dis ability of district in which such district court ought by law to be holden; and on application of the district judge, court to be attorney or marshal of such district in writing to the said justice of the supreme court, held by justice of said justice of the supreme court shall thereupon issue his order in the nature of a cer- Records to be tiorari, directed to the clerk of such district court, requiring him forthwith to certify into certified into the the next circuit court to be holden in said district, all actions, suits, causes, pleas or pro- court. cesses, civil or criminal, of what nature or kind soever, that may be depending in said district court and undetermined, with all the proceedings thereon, and all files and papers relating thereto; which said order shall be immediately published in one or more Order to be pubnewspapers, printed in said district, and at least thirty days before the session of such circuit court, and shall be deemed a sufficient notification to all concerned. And the said circuit court shall thereupon have the same cognisance of all such actions, suits, Powers of the causes, pleas or processes, civil or criminal, of what nature or kind soever, and in the circuit court in like manner as the district court of said district by law might have, or the circuit court, had the same been originally commenced therein; and shall proceed to hear and determine the same accordingly; and the said justice of the supreme court, during the continuance of such disability, shall moreover be invested with and exercise all and singular the powers and authority vested by law in the judge of the district court in said district. And all bonds and recognisances taken for or returnable to such district court shall be construed and taken to be to the circuit court, to be holden thereafter, in pursuance of this act, and shall have the same force and effect in such circuit court as they could have had in the district court to which they were taken: Provided, That nothing in this act contained shall be so construed as to require of the judge of the supreme court within whose circuit such district may lie, to hold any special court or court of admiralty, at to be required to hold special any other time than the legal time for holding the circuit court of the United States in courts, &c. and for such district. such cases. Justice of supreme court not trict court. 3. The clerk of such district court shall, during the continuance of the disability of Ibid. 22. the district judge, continue to certify as aforesaid, all suits or actions of what nature or Duties of the kind soever, which may thereafter be brought to such district court, and the same trans-clerk of the dismit to the circuit court next thereafter to be holden in the same district; and the said circuit court shall have cognisance of the same in like manner as is herein before provided in this act, and shall proceed to hear and determine the same: Provided nevertheless, On ceasing of disThat when the disability of the district judge shall cease (a) or be removed, all suits or ability, causes to actions then pending and undetermined in the circuit court, in which by law the district courts have an exclusive original cognisance, shall be remanded, and the clerk of the said circuit court shall transmit the same, pursuant to the order of said court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had therein in said district court as would have been, had the same originated or been continued in the said district court. be remanded. Ibid. 23. 4. In case of the district judge in any district being unable to discharge his duties, as aforesaid, the district clerk of such district shall be authorized and empowered, by leave Clerks during or order of the circuit judge of the circuit in which such district is included, to take, such disability during such disability of the district judge, all examinations and depositions of witnesses, powered to take and make all necessary rules and orders preparatory to the final hearing of all causes and make rules, of admiralty and maritime jurisdiction. may be emexaminations &c. 9 Stat. 442. 5. In case of the sickness or other disability of any district judge of any judicial 29 July 1850 ? 1. district of the United States, which shall prevent him from holding any stated or appointed term of the district court of his district, or of the circuit court therein in the In case of disabsence of the circuit judge, and upon the fact of such sickness or other disability being district judge certified by the clerk of such district court to the circuit judge of the circuit within which may be appointed at Tyler, on the first Mondays in March and November. Act 21 February 1857, 11 Stat. 164. In Vermont, at Rutland, on the 6 October; and at Windsor, on the 24 May, annually, unless such day happen to be Sunday, and then on the day following. Acts 29 April 1802, 2 Stat. 166-7; and 3 March 1823, 3 Stat. 776. In Virginia, at Richmond, on the 12 May and 12 November; at Norfolk, on the 30 May and 1 November. urless such day hap peu to be Sunday, and then on the day following; at Clarksburg, on the 24th days of March and August; at Wheeling, on the 6th days of April and September; at Charleston, on the 19th days of ability, another to hold the court. April and September; at Staunton, on the first days of May and (a) If the disability of the district judge terminates in his death, the causes must be remanded. Ex parte The United States, 1 Gall. 338. 29 July 1850. such district may lie, it shall be lawful for such circuit judge, if, in his judgment, the public interests shall so require, to designate and appoint the district judge of any other judicial district of the United States within the same circuit, to hold the district court or circuit court in case of the sickness or absence of the circuit judge, in the place of, and discharge all the judicial duties of, the district judge who may be sick or otherwise disabled as aforesaid, while such sickness or other disability shall continue; which appointment shall be filed in the office of the clerk of the said district court, and be entered on the minutes of the court; and a certified copy thereof, under the seal of the court, be by such clerk transmitted to the judge so designated and appointed. Ibid. 2. 6. In case there be no circuit judge resident within such circuit, or of his absence When such aptherefrom, or inability to execute the provisions of the preceding section, or of the pointment to be disability or neglect of the district judges designated by him, to hold the courts and made by the chief justice. transact the business within the district for which he or they may be so designated, the clerk of such district court shall certify such fact or facts to the chief justice of the United States; and it shall thereupon be lawful for the chief justice of the United States to designate and appoint, in manner aforesaid, any district judge within said circuit, or of any judicial district within a circuit next immediately contiguous to the one within which such disability exists, which appointment shall be transmitted to such clerk, and by him acted on as directed in the preceding section. Ibid. § 3. Duties of the 7. It shall be the duty of such district judge as shall be for that purpose designated and appointed, (as in the preceding sections provided), to hold the district court or circuit judge so appoint- court as aforesaid, and discharge all the judicial duties of the district judge, who shall be sick or otherwise disabled as aforesaid, so long as such sickness or other disability shall continue; and all the acts and proceedings in said courts, or by or before the said district judge so designated and appointed, shall have the same force, effect and validity as if done and transacted by and before the district judge of said district. Ibid. 4. If necessary, a may be made. 8. It shall be lawful for such circuit judge, or the chief justice of the United States, as the case may be, from time to time, if in his judgment the public interests shall so new appointment require, to make a new designation and appointment of any other district judge, of any judicial district within the same circuits as aforesaid, with the powers and for the duties and purposes mentioned in the preceding sections of this act, and to revoke and determine any previous designation and appointment. Ibid. 25. Travelling expenses to be allowed. How paid. 2 April 1852 10 Stat. 5. 1. 9. The district judge so designated and appointed to hold the court and discharge the duties of the district judge of another district, and who shall hold such court or discharge such duties, shall be allowed his reasonable expenses of travel to and from, and of residence in, such other district necessarily incurred by reason of such designation and appointment, and his obedience thereto; and such expenses shall, when certified by the clerk and the district attorney of the judicial district within which such services shall have been performed, be paid by the marshal of such district, and allowed him in his accounts with the United States. 10. The authority conferred by the act aforesaid, hereby amended, may be exercised by a circuit judge or by the chief justice of the United States as in the said act directed, In case of accu- whenever, on the certificate of the clerk of the circuit or district court, under the seal ness, &c., special of the court, it shall be made to appear, to the satisfaction of such judge or chief justice, eurts to be held. that the public interests, from the accumulation or urgency of judicial business in any mulation of busi district, shall require it to be done; and the district judge so designated and appointed, shall have and exercise the same powers within such district as if the district judge resident therein were prevented by sickness or other disability from performing his judicial duties; and it shall be lawful in case of such appointment, for each of the said district judges separately to hold a district or circuit court at the same time in such disat the same time trict, and discharge all the judical duties of a district judge therein; but no such district judge shall hear appeals from the district court. Two district courts may sit 24 Sept. 1789 29. 1 Stat. 76. diction. II. JURISDICTION OF THE DISTRICT COURTS. 11. The district courts shall have, exclusively of the courts of the several states, cognisance of all crimes and offences that shall be cognisable under the authority of the Criminal juris United States, committed within their respective districts, or upon the high seas, where no other punishment than whipping, not exceeding thirty stripes, (a) a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted ; (b) and shall also have exclusive original cognisance of all civil causes of admiralty and maritime jurisdiction, (c) including all seizures under laws of imposts, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective Admiralty. (a) The pulshments of whipping and the pillory were abol ished, by act 28 February 1839. See tit. "Crimes," 23. (b) They have now concurrent jurisdiction with the circuit courts of all crimes and offences against the United States, the punishment whereof is not capital. See infra, 15. And of piracy |