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4 Stat. 303.
9 Stat. 181.
21 Sept. 1789. of the court which shall try the appeal, that the witnesses are then dead or gone out of
the United States, or to a greater distance (a) than as aforesaid, from the place wbere the court is sitting, or that by reason of age, sickness, bodily infirm ty or imprisonment they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions
may have been taken therein, such depositions shall not be admitted or used in the cause. 0 April 1932: 21. 5. In any cause of admiralty and maritime jurisdiction, or other case of seizure,
depending in any court of the United States, any judge of the said court, in vacation, shall Julge in vaca
have the same power and authority to order any vessel, or cargo, or other property, to be tion may order property to be delivered to the claimants, upon bail or bond, under the statute, as the case may be, or delivered to claimants, or to to be sold when necessary, as the said court now has in term time, and to appoint
appraisers, and exercise every other incidental power necessary to the complete execution
of the authority herein granted; and the said recognisance of bail or bond, under such Bond, how taken. order, may be executed before the clerk upon the party's producing the certificate of the
collector of the district, of the sufficiency of the security offered ; and the same proceedings shall be had in case of said order of delivery, or of sale, as are now had in like cases when ordered in term time: Provided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reason
able notice in cases of the United States, and the party or counsel in all other cases. 3 March 1847,21. 6. In any case brought in the courts of the United States, exercising jurisdietion in
admiralty, where a warrant of arrest, or other process in rem, shall be issued, it shall be alarshal may the duty of the marshal to stay the execution of such process, or to discharge the proake stipulation.
perty arrested if the same has been levied, on receiving from the claimant of the same a
bond or stipulation in double the amount claimed by the libellant, with sufficient suretą, Surety to be ap- to be approved by the judge of the said court, or, in his absence, by the collector of the proved. port, conditioned to abide and answer the decree of the court in such cause; and such
bond or stipulation shall be returned to the said court, and judgment on the same, both
against the principal and sureties, may be recovered at the time of rendering the decree Costs limited. in the original cause: Provided, That the entire costs in any such case, in which the
amount recovered by the libellant shall not exceed one hundred dollars, shall not be more
than fifty per cent. of the amount recovered in the same, which costs shall be appliea, How applied. first, to the payment of the usual fees for witnesses, and the commissioner, where a com
missioner shall act on the case, and the residue to be divided, pro rata, between the cleri and marshal, under the direction of the judge of the court where the cause may be tried. Provided further, That no attorney's or proctor's fees shall be allowed or paid out of the said costs.
IV. SEAMEN'S WAGES. 20 July 1790, 26. 7. Every seaman or mariner shall be entitled to demand and receive from the master
or commander of the ship or vessel to which they belong, one-third part of the wages When and where which shall be due to him at every port where such ship or vessel shall unlade and Beisbon may.de- deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated
in the contract ;() and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery,(c) every scaman or mariner shall be entitled to the wages which shall be then due according to his contract; and if such wages shall
not be paid within ten days(d) after such discharge, or if any dispute shall arise between How recoverable. the master and seamen or mariners touching the said wages, it shall be lawful for the
judge of the district(e) where the said ship or vessel shall be, or in case his residence be more than three miles from the place, or of his absence from the place of his residence, then, for any judge or justice of the peace, to summon the master of such ship or vessel to appear before him, to show cause why process should not issue against such ship or
vessel, her tackle, furniture and apparel,(9) according to the course of admiralty Vertificate to be courts, (h) to answer for the said wages; and if the master shall neglect to appear, or the district court. appearing, shall not show that the wages are paid, or otherwise satisfied or forfeited, and (a) One hundred miles.
1 Stat. 133.
though the vessel be not discharged of her second cargo. The (b) See Johnson z. Sims, 1 Pet. Adm. 215, for the construction Edward, Ibid. 256. of an agreement in the shipping articles, that no wages should be (dl) It seems, that an agreement in shipping articles that seamen paid to the seamen, until the return of the vessel to the port of shall not sue for their wages until three months after their rin
A stipulation in the articles that the reamen shall not, in vices are ended, will be held void as against the seamen. Tha any case, demand their wages until the expiratiou of a certain Cypress, 1 BI, & Ilow. 83. This section has reference to actions in time, ig void, in caso the service is completel, or the seamen are tem only, and not to actions in porxmam. The right of a sex discharged, before the expiration of that time. The Cypress, 1 Bl. man to sue in personam for his wages, is perfect as soon as the
period of bis service is completed. Freeman r. Baker, Ibid. 372. (C) A seaman who híres for a trading voyage for a specified time, (e) Or a commissioner appointed by the circuit court, under the cannot sile for wages until the expiration of the time. unless there. act 23 August 1812. 5 Stat. 516. be proof of bis actual or constructive release, The Warrington, (9) The seamen have a lien, by the maritime law, on the freight 1 Bl. & How. 335. But where a vessel has fully disharged her as well as the vessel, for their wagas; which is not taken away lig cargo in her port of delivery, and leaves that port, on other voy- the act of congress. Poland v. The Freight and Cargo of Brig ages, without payment of wages, the seamen, though accompany. Spartan, Wire, 134. jug her, are entitled to an action for such wages, immedintely (h) Contracts of seamen for maritime service are, in effect, mariSo, if she return to the same port of delivery, a seamen may insti time contracts, governed by the maritime law, which prescribes tute an action at once for wages earned on the previous voyage, the rights and obligations of the parties differently from the com
mon law. Bains v. The James and Catherine, Bald. bit.
& Ilow, 83.
Who shall issue
book to be produced.
mon law reServed.
if the matter in dispute shall not be forthwith settled, in such case the judge or justice 20 July 1790. shall certify to the clerk of the court of the district, that there is sufficiont cause of complaint whereon to found admiralty process, and thereupon the clerk of such court admiralty proshall issue process against the said ship or vessel, and the suit shall be proceeded on in the said court, and final judgment be given according to the course of admiralty courts in such cases used; and in such suit all the seamen or mariners (having cause of All may join. complaint of the like kind against the same ship or vessel) shall be joined as complainants :(a) and it shall be incumbent on the master or commander to produce the contract Contract and Ingand log-book, if required, to ascertain any matters in dispute, otherwise the complainants shall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master or commander: but nothing herein contained shall prevent any seaman Remedies at comor mariner from having or maintaining any action at common law for the recovery of his wages; or from immediate process out of any court having admiralty jurisdiction, wherever any ship or vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast.(6)
8. The owner or owners, master or captain, or other persons employed in navigating 20 July 1816. & L. canal-boats without masts or steam power, now by law required to be registered, licensed or enrolled and licensed, shall not be required to pay any marine hospital tax or money; nor shall the persons employed to navigate such boats receive any benefit or advantage wages. from the marine hospital fund ; nor shall such owner or owners, master or captain, or other persons, be required to pay fees, or make any compensation for such register, liense or enrolment and license; nor shall any such boat be subject to be libelled in any of the United States courts for the wages of any person or persons who may be employed on board thereof, or in.navigating the same.
9. That all acts, and parts of acts, repugnant to the provisions of this act, be and Ibid. & 2. the same are hereby repealed.
9 Stut. 35.
Canal-boats not to be libelled for
1. ADMISSION INTO THE UNION.
22. Appeals to circuit court. 1. People of Alabama authorized to form a state constitution. 23, Transitory actions to be brought in district where defend. 2. Boundaries of the state.
ant resides. Where defendants reside in ditlurent districts, suits 3. Section sixteen, in every township, for the use of schools. may be brought in either. Salt sprines, &c., granted to the state. Five per cent. of proceeds
24. Clerk of the middle district. of lands for public improvements. Two entire townships for a
25. District attorney and marshal. eminary of learning. May be reserved in small traets. Waste
26. Court of middle district to have circuit court powers. lauds to be the property of the United States, Lands sold to bo 27. Adjournment in absence of judge. exempt froin taxation for five years. Lands of non-residents not 28. Appeals to lie to supreme court when amount exceeds to be taxed bisher, &c. No tax on lands of the United States.
$2000. 4. Grant of lands for seat of government.
29. Appeals to lie to supreme court from middle district. 5. Alabama alinitted into the Union. 6. Laws of the United States to be in force therein.
30. Three per cent. of proceeds of lands granted for roads, .. Terms of the circuit court.
canals, &c. 6. When extra terms may be held.
V. LAND OFFICES. 9. Spring term altered.
31. Tuscaloosa district. Sparta district. III. TISTRICT COURTS.
32. Creek lands divided into two districts. 10. District judge to be appointed. Circuit court powers. Ap- 33. Talapoosa district. Coosa district. pointuent of clerks.
34. Choctaw lands attached to St. Stephen's and Tuscaloosa dis11. District attorney.
tricts. 12. Marshal.
35. Demopolis district. * 13. Divided into three districts.
36. Lands in Green and Marengo counties to be subject to salo 14. Middle district transferred to Montgomery.
at Demopolis district. 15. Tertos of the district courts. 16. Butler conty in the middle district.
VI. COLLECTION DISTRICTS. 1.. Clerk of northern district.
37. Mobile may be made a separate district. Ports of delivery. 18. Di-:rict attorney of northern district.
Officers to be appointed. 19. Atjournment in absence of judge.
38. Mobile to be the sole port of entry. 20. Marshal of northern district.
39. Tuscumbia a port of delivery. 21. Circait court powers of northern district restored.
40. Selma a port of delivery.
I. ADMISSION INTO THE UNION. 1. The inhabitants of the territory of Alabama are hereby authorized to form for 2 March 1819.2 2.
S Stat. 489, theinselves a constitution and state government, and to assume such name as they may deem proper;
and the said territory, when formed into a state, shall be admitted into the union upon the same footing with the original states, in all respects whatever.
(a) This clanse, if not imperative upon all the seamen to join rate demand by a seaman excecling the sum of $2000. Ibid. 143. in a prosecution already bezun by a shipmate for the wages of a And see Stratton v, Jarvis, 8 lbid. 4. It is now imperative in suits common voyage, at least removes all occasion for separate actions, in personam. Collins v. Hathaway, Olcott, 176. ard all equity to costs, where such separate actions are instituted. () In order that admiralty process may issue within ten days Real Hussey, 1 B1. & How.527. It is of positive obligation, where after the arrival of the vessel, it is sufficient to show a reasonable the seamen commence a suit at the same time, in the same court, ground of belief that the vessel is about to proceed to sea within by a proceeling in rem for their wnges. Oliver v. Alexander, 6 the ten days. The Trial, 1 BI. & How. 94. And see The Cypress, Pet. 147. The matter in dispute is nevertheless several with such Ibid. 83. The Eagle, Olcott, 232. librilant, and the claimant can appeal only in regard to a sepa
Section 16, in
granted to the state.
2 March 1819 X 2. 2. The said state shall consist of all the territory included within the following bound3 Stat. 490.
aries, to wit: beginning at the point where the thirty-first degree of north latitude Boundaries of the intersects the Perdido river, thence east to the western boundary line of the state of
Georgia, thence along said line to the southern boundary line of the state of Tennessee,
of Alabama, when formed, for their free acceptance or rejection, which, if accepted by
First. That the section numbered sixteen in every township, and when such section het in touce sdrip, has been sold, granted or disposed of, other lands equivalent thereto, and most conti
guous to the same, shall be granted to the inhabitants of such townships for the use of
use of the same, together with such other lands as may, by the president of the United
any one time.
ritory, and which shall be sold by Congress, from and after the first day of September, provements. in the year 1819, after deducting all expenses incident to the same, shall be reserved for
making public roads, canals, and improving the navigation of rivers, of which three-
Fourth. That thirty-six sections, or one entire township, to be designated by the secre-
with the one heretofore reserved for that purpose, shall be reserved for the use of a
seminary of learning, and vested in the legislature of the said state, to be appropriated May be reserved solely to the use of such seminary by the said legislature. And the secretary of the
treasury, under the direction as aforesaid, may reserve the seventy-two sections, or two
townships, hereby set apart for the support of a seminary of learning, in small tracts: Waste lands to be Provided, That no tract shall consist of less than two sections: And provided always, the property of That the said convention shall provide, by an ordinance irrevocable without the consent
of the United States, that the people inhabiting the said territory, do agree and declare
within the said territory: and that the same shall be and remain at the sole and entire Lands sold to be disposition of the United States; and moreover, that each and every tract of land sold
by the United States, after the first day of September, in the year 1819, shall be and
Two entire town.
in small tracts.
exempt from taxation for five years.
(a) The act 2 March 1827 provides: 1. That the legislature of Alabama, contiguous to said lands within said state, so ceded by
said school sections. 5 Stat. 727-8. The act # July 1836, ? 4, provides, that there shall be reserved (6) The act : July 1836, 9 3, provides, that a sum equivalent to from sale in the state of Alabaina, a quantity of land equal to one fire per cent of the pett proceeds of the lands within the state of thirty-sixth part of the lands ceded by the Chiekasaws, by the Alabama celed by the Chickasuws by the treaty of the 20th of treaty of the 20th of October 1832, within said state of Alabana, October 18.32, which have been, or may bereafter be, sold by conwhich land shall be selected under the direction of the secretary gress, shall be reserved, out of any moneye in the treasury not of the treasury. in sections, or half sections. or quarter sections, otherwise appropriated, to be applied in the same manner and for ont of any pullic lands remaining unsold, that shall have been the same uses and purposes, as is designated by the 6th section Offered at oublic sale within any land district in said state of of the act of 20 Mareh 1819. 6 Stat. 116. And see infru 30.
Lands of noile
ther for state, 2ounty, township, parish or any other purpose whatever, for the term of 2 March 1819. five years, from and after the respective days of the sales thereof: and that the lands belonging to citizens of the United States, residing without the said state, shall never be residents not to
be tuxed higlier, tased higher than the lands belonging to persons residing therein ; and that no tax shall be imposed on lands, the property of the United States: and that all navigable waters No tax on lands within the said state shall for ever remain public highways, (a) free to the citizens of of United States said state and of the United States, without any tax, duty, impost or toll, therefor, imposed by the said state.
4. That in lieu of a section of land, provided to be reserved for the seat of government Ibid. 27. of the said territory, by an act entitled “An act respecting the surveying and sale of the Grant of land for public lands in the Alabama territory,”(6) there be granted to the said state, for the seat seat of govern of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirtytwo, in township sixteen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale, by order of the president of the United States.(c)
5. Whereas, in pursuance of an act of Congress, passed on the 2d day of March 14 Dec. 1819 1819, entitled “An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union on an Alabama sumit equal footing with the original states,” the people of the said territory did, on the second day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the 13th day of July 1787, so far as the same have been extended to the said territory by the articles of agreement between the United States and the state of Georgia-Resolved, That the state of Alabama shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union, on an equal footing with the original states, in all respects whatever.
6. All the laws of the United States, which are not locally inapplicable, shall be 21 April 162931 extended to the state of Alabama, and shall have the same force and effect within the same as elsewhere within the United States.
3 Stnt. COS.
ted into the Union.
3 Stat. 564.
6 Stat. 055.
5 Stat. 731.
II. CIRCUIT COURT. 7. The spring term of the circuit court of the United States for the fifth judicial circuit 12 April 18473. and southern district of Alabama, shall commence on the third (d) Monday in April; and the fall term of said court shall commence on the fourth Monday in December in Terms of tho each and every year, instead of the periods now fixed by law, and continued in session as long as the business may require.
8. If from any cause there should be a failure to hold the said circuit court at the Ibid. 4. periods designated in this act, the judges thereof shall have power, and are hereby authorized to hold an extra term of said court at such time as thoy may think proper.
9. The circuit court of the United States for the southern district of Alabama, shall 1 March 1945 & 1 commence its spring term at Mobile, on the second Monday of April in each and every year after the ensuing spring term of said court shall have been held at the time now Spring teru. appointed by law.
III. DISTRICT COURTS. 10. The said state shall be [one district, (e) and be called the Alabama district ;) and 21 April 1820 ? 2 a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called the district judge. He shall hold, alternately, (at the towns of District judge to
be appointed. Mobile and Cahawba, beginning at the first, four] stated sessions (9) annually ; [the first to commence on the first Monday in April next, and the three other sessions, progres. sively, on the first Monday of every third calendar month thereafter.] He shall in all Circuit couit things have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled " An act to establish the judicial
3 Stat. 667.
(i) The state, when admitted, herame en Utled in the coll under 57). granting certain relinqnished and unappropriated lande, to the navigable waters within its linits, not previously granted. the state of Alabama, for the purpose of improving the navigation Pollard z. Ila zan, 3 IIow. 212. This compact woull bave been of the Tennessee, Coosa, Cahawha, and Black Warrior rivers. void if inconsistent with the constitution; for Alabama boing And also the act 20 September 1850. (9 Stat. 466), making a grant equal arith the other states, no restriction could be imposed on of land to the states of Illinois, Mississippi and Alabaina, in nid that state which congress had not the right to impose upon others. of the construction of a railroad from Chicago to Mobile. Ibil. Coluinbus Ins. Co. r. Curtenius, 6 Mclean, 217.
(!) Second Monday of April, by act of 1915; infra, . (b) An 20 April 1818. 3 Stat. 466-7.
(e) Dividwl into three districts; infra, 12. () Eee acts 23 May 1823, (4 Stat. 290), and 23 June 1836, (5 Stat. 6) See infra, 15.
9 Stat. 274.
Divided into three districts. Southern district.
21 April 1820. courts of the United States,”(a) and an act entitled “ An act in addition to the act entitled
* An act to establish the judicial courts of the United States,'” approved 20 March Appointment of 1793.(1) He shall appoint clerks (c) for the said district, who shall reside, and keep the
records of the court, at the places of holding the same, and shall receive, for the ser. vices performed by them, the same fees to which the clerk of the Kentucky district is
entitled for similar services.(a) Ibid. 2 6.
11. There shall be appointed, in the said district, a person learned in the law, to act District attorney.
as attorney for the United States ; [who shall, in addition to his stated fees, be paid by the United States two hundred dollars annually, as a full compensation for all extra
services.](e) Ibid. 27. 12. A marshal shall be appointed for the said district, who shall perform the same duties,
be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts ; [and shall, moreover, be entitled to the sum of
two hundred and fifty dollars annually, as a compensation for all extra services.] (e) 7 Aug. 1848 2 1. 13. The state of Alabama shall be, and the same is hereby, divided into three dis
tricts, in manner following, to wit:(9)
The counties of Mobile, Washington, Baldwin, Sumpter, Clarke, Marengo, Green, Pickens, Wilcoš, Monroe, Conccuh, shall compose one district, to be called the southern district, and a court shall be held for the said district, as heretofore, at Mobile.
The counties of Montgomery, Autauga, Coosa, Tallapoosa, Chambers, Talladega, Ran. dolph, Macon, Russell, Barbour, Pike, Ilenry, Dale, Coffee, Covington, Lowndes, Dallas,
Perry, Bibb, Shelby and Tuscaloosa, shall hereafter compose one district, to be called Northern district. the middle district, and a court shall be held for the said district at Montgomery. And
the residue of the counties of said state shall hereafter compose the northern district of
Alabama, and a court shall be held for the same, as heretofore, at Huntsville. Ibid. & 2. 14. The next term of the district court for the said middle district, and every term Middle district thereafter, shall be held at Montgomery; and the clerk and marshal of said middle dis
trict are hereby required, forth with, to remove all the books and papers and records Montgomery.
belonging to their respective offices from Tuscaloosa to Montgomery. 4 May 1852, 2 1. 15. The district courts of the United States for the state of Alabama shall be held in
each and every year as follows: at Mobile, on the fourth Monday in April and the second Terms of the dis- Monday after the fourth Monday in November; at Huntsville, on the second Monday in
May and the second Monday in November; and at Montgomery, on the fourth Monday
in May, and the fourth Monday in November. Ibid. 2 2. 16. The county of Butler shall hereafter form a part of, and be embraced in the middle
district of said state. 10 March 182427. 17. The judge of said courts shall appoint a clerk of the district court of the northern
district, who shall reside and keep his office, and the records and documents appertaining Clerk of northern thereto, at the place of holding said court; be entitled to the same fees allowed by law
to the clerks of the southern district, and be subject to the same liabilities and penalties. Ibid. 28. 18. The district attorney heretofore appointed for the district of Alabama, shall be the District attorney
district attorney for the southern district of Alabama ; and there shall be a district for northern uis attorney appointed for the northern district of “Alabama, who shall hold his appointment
for the same term, be subject to the same duties, and receive the same salary, fees and
emoluments, allowed to the district attorney of the southern district of Alabama. Ibid. ? 9. 19. Should the judge fail to attend at the time and place of holding any of the courts Alljnurninent in
herein mentioned, before the close of the third day of the term, the business thereof absence of judge. shall stand adjourned to the next term. 5 May 1830 ? 1. 20. A marshal shall be appointed for the northern district of the state of Alabama,
whose duties shall be the same, in every respect, within said district, as those required
by law to be performed by the present marshal. 22 Feb. 1838 2 2. 21. All the jurisdiction which belonged to the district court of the United States, for
the northern district of the state of Alabama, at Huntsville, at and before the passage of the said act of congress of the 3d of March 1837, be and the same is hereby restored to and vested again in the said district court, and every act of congress upon which the jurisdiction of the said district court depended at and before the passage of the said act
10 Stat. 5.
4 Stat. 10.
4 Stat, 399.
5 Stat. 210.
Circuit court powers of northern district restored.
(al 24 September 1789. 1 Stat. 73. The ? 10 of this act gave for the middle district, by act 6 February 1839, 8 8, infra, 26. circuit court powers to the district court of Kenturky; but this 1 Stat. 333. was taken away by act 24 February 1807. 2 Stat. 420. The act of The act 27 November 1820, (3 Stat. 610,) provided that there 19 February 1831, (+ Stat. 441), however, expressly conferred upon should be but one clark for the district; but this was repealed, the district courts of the northern and southern districts of Ala- and the act in the text rovired and re-enacted by act 11 April brma, (then divided into two districts,) in addition to the orilinary 1822. 3 Stat. 662. jurisdiction and powers of a district court, within the limits of (!) See general fee-bill of 26 February 1853. 10 Stat. 161. their respectivo districts, jurisdiction of all causes, except appeals (e) The extra compensation of district attorneys and marshals and writs of error, which were or might be made cognisable in a is abolished by the general fee-bill of 1853. circuit court, and to proceed therein in the same manner as a (9) The state of Alabama was originally constituted a single circuit court. These circuit court powers were abolished by the district by act 21. April 1820, surra, 10; it was divided into two act 3 March 1837. & 3. (5 Stat. 177). but were restored to the dis districts by act 10 March 1924, 4 Stat. I; and then into three, trict court for the northern district by act 22 Febroary 1838, by act 6 February 1839. 5 Stat. 315. infra 21; and were expressly conferred upon the district court