9 Sept. 1850. receive in all such cases the same fees which the clerks of the district courts of Oregon territory now receive for similar services. Ibid. 11. District attorney. Marshal. Ibid. 16. 14. There shall be appointed an attorney for said territory, who shall continue in office for four years, unless sooner removed by the president; and who shall receive the same fees and salary as the attorney of the United States for the present territory of Oregon. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the president; and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the present territory of Oregon; and shall, in addition, be paid two hundred [dollars] annually as a compensation for extra services.(a) 15. Temporarily and until otherwise provided by law, the governor of said territory Judicial districts may define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts; and also appoint the times and places for holding courts (b) in the several counties or subdivisions in each of said judicial districts, by proclamation, to be issued by him. But the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. 2 Aug. 1854 31. 10 Stat. 335. V. COLLECTION DISTRICTS. 16. That the county of El Paso in the state of Texas, and the territory of New Mexico, be and they are hereby created a collection district, which shall be called the district of District of Paso Paso del Norte; and Frontera within said county of El Paso is hereby made a port of entry and delivery for said district.(c) del Norte. Ibid. 2. 17. There shall be a collector of customs appointed for said district, together with such Officers to be ap- other officers as are provided for by law. The said collector shall reside at Frontera pointed. aforesaid, (d) and he shall be entitled to a salary not exceeding two thousand dollars per annum, including in that sum the fees allowed by law; and the amount he shall collect in any one year for fees, exceeding the sum of two thousand dollars, shall be accounted for and paid into the treasury of the United States. Ibid. 23. Jurisdiction of 18. The district court for the territory of New Mexico shall have and exercise jurisdiction over all cases which shall arise in the collection district of Paso del Norte, in the the district court. administration of the revenue laws, in the same manner as if the said district was entirely within the territory of New Mexico. 9 Sept. 1850 9 Stat. 450. territorial offi cers. Oath of office. 12. VI. MISCELLANEOUS PROVISIONS. 19. The governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the senate, appointed by Appointment of the president of the United States. The governor and secretary, to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings. And the chief justica and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and quali fied, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. (e) The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars.(g) The secretary shall receive an annual salary of eighteen hundred dollars.(h) The said salaries shall be paid quarter-yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled Sa.aries. (a) All extra compensation is abolished by the general fee-bill 1853. (b) Under this provision the legislature had power to appoint Beni-annual terms of the district courts. 5 Opin. 528. (c) By act 3 March 1855 13, Franklin is made the port of entry, instead of Frontera. 10 Stat. 671. And by act 3 March 1857 2 10, Bo much of this act as includes the county of El Paso, in Texas, is repealed. 11 Sta. 221. (d) At Franklin, by act 3 March 1855 13. 10 Stat. 671. (e) By act 3 March 1857 3, a superintendent of Indian affairs is to be appointed for New Mexico, and the governor's salary is fixed at $2500. 11 Stat. 185. (g) Increased to $2500, by act 27 July 1854. 10 Stat. 311. () Increased to $2000, by act 27 July 1854. 10 Stat. 311. to receive three dollars each per day during their attendance at the sessions thereof, and 9 Sept. 1850. three dollars each for every twenty miles' travel in going to and returning from the said Compensation of sessions, estimated according to the nearest usually travelled route. There shall be members of as sembly. appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the territory; there shall also be appropriated Appropriation for annually a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended. contingent expenses. ment. 20 The legislative assembly of the territory of New Mexico shall hold its first session Ibid. 13. at such time and place in said territory as the governor thereof shall appoint and direct. Seat of governAnd at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly. Ibid. 14. Delegate to con 21. A delegate to the house of representatives of the United States, to serve during each congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges gress. as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That such delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon. Ibid. 15. 22. When the lands in said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections Two sections of numbered sixteen and thirty-six, in each township in said territory, shall be and the same land to be reare hereby reserved, for the purpose of being applied to schools, in said territory, and in township for the states and territories hereafter to be erected out of the same. 23. The constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said territory of New Mexico as elsewhere within the United States. 24. No citizen of the United States shall be deprived of his life, liberty or property, in said territory, except by the judgment of his peers and the laws of the land. served in each schools. Ibid. 17. Ibid. 19. 28. Part of New Jersey annexed to district of New York. 29. Collectors' offices at Lewistown and Buffalo. 30. Port of entry at Plattsburgh. 31. Cold Spring a port of delivery; and Greenport. 32. Fort Covington a port of delivery. 33. Port Jefferson a port of delivery. Surveyor. His powers and duties. Vessels to be entered at New York. 34. District of Dunkirk. 35. Collector. 36. Deputy collectors. I. CIRCUIT COURT. 1. The circuit court of the United States shall be held in and for the said southern 9 April 1814 33. district of New York, (a) at the city of New York, at the times and in the manner now directed by law to be held in and for the district of New York. (b) 3 Stat. 121. Terms in the southern district 3 Stat. 415, 2. The original jurisdiction of the circuit court of the southern district of New York, 3 April 1818 8 6. 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. (a) See infra, 9. for the division of the state into two districts. court room, in the city of New York, by act 2 February 1854. 10 (b) See infra, 4, 7. Process to be returnable at the United States Stat. 266. 29 May 1830 % 2. 4 Stat. 422. Additional ses sious. 10 Feb. 1832 21. 4 Stat. 497. Spring term. 3 March 1837 5 Stat. 177. Terms of the 2. northern district. 7 July 1838 2. 5 Stat. 295. 3. Hereafter there shall be held annually, in the city of New York, two additional sessions of the circuit court of the United States for the said district, for the trial of criminal causes and suits in equity, to commence on the last Monday of February, [and the last Monday of July:](a) And further, That the said court may, at its discretion, direct special sessions thereof to be held in the said city, for the trial of criminal causes or suits in equity; which said additional and special sessions may be held by the said district judge alone. 4. A term of the circuit court of the United States for the southern district of New York, shall commence and be held at the place fixed by law for holding said court, on the first Monday of April, in each and every year; and from and after said first day of March, the term of said court now required by law to be held on the last Monday in May in each year, shall be abolished. 5. The sessions of said circuit courts shall be held twice in each year in the following districts, to wit: *** in the northern district of New York, at Albany, [on the second Tuesday of June,](b) and the third Tuesday of October, annually: * * * Provided, That nothing herein contained shall prevent the judge of the northern district of New York from holding the courts at Utica, *** at the same time and with the same power and jurisdiction as heretofore. (c) 6. That the term of the eircuit court for the said northern district, now required by law to be held annually at Albany on the second Tuesday of June, be hereafter held at At Canandaigua. Canandaigua, in the county of Ontario, on the Tuesday next after the third Monday of June in each year. 8 Aug. 1846 1. 9 Stat. 72. Fall term of southern district. fact. 7. The circuit court of the United States for the southern district of New York shall hereafter be held on the third Monday in October, instead of the last Monday in November; and all writs, pleas, suits, recognisances, indictments and all other proceedings, civil and criminal, shall be returnable to and have day in court, and shall be heard, tried and proceeded with by the said court, in the same manner as might and ought to have been done, if the court had been held at the time heretofore directed by law. And it is further provided, that the term of the circuit court appointed by law to be held on the last Monday in July, in each year in said district, shall not hereafter be holden. Ibid. 28. 8. That so much of the act entitled "An act to increase and regulate the terms of the Trial of issues of circuit and district courts for the northern district of New York," passed July 7th 1838, as requires all issues of fact in the said circuit court in which the cause of action shall have arisen west of the line in the said act for that purpose designated, to be tried at the term of said circuit court to be held at Canandaigua, and all issues of fact in the said court which shall have arisen east of the said line to be tried at Albany, be and the same Additional term is hereby repealed. (d) And in addition to the courts now provided by law to be in northern dis- held in the northern district of New York, a stated session of the circuit court of the United States for said northern district, shall be held annually at the city hall, in the city of Albany, on the third Tuesday of May. trict. II. DISTRICT COURTS. 9 April 1814 1. 9. For the more convenient transaction of business in the courts of the United States 3 Stat. 120. within the state of New York, the said state shall be and the same is hereby divided into State divided into two districts, in manner following, to wit: the counties of Renssellaer, Albany, Sche two districts. nectady, Schoharie and Delaware, (e) together with all that part of the said state lying south of the said above-mentioned counties, shall compose one district, to be called the southern district of New York; and all the remaining part of the said state shall compose another district, to be called the northern district of New York.(g) 10. 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. 11. There shall be held, monthly, in the city of New York, a session of the district court of the United States for the southern district of New York, to commence on the first Tuesday of each month, and be held in the manner now provided by law for hold 29 May 1830. ing the stated terms of the said court. 5 Stat. 295. northern district. 12. There shall be four regular terms of the district court of the United States for the 7 July 1838 1. northern district of the state of New York in each year; one of which, to commence on the third Tuesday in January, shall be held in the city of Albany; and one, to commence Terms of the on the second Tuesday in July, shall be held at the city of Utica; and one, to commence on the third Tuesday of May, shall be held at the city of Rochester; and one, to commence on the second Tuesday of October, (a) shall be held at the city of Buffalo. And there shall also be held one other term annually, at such time and in such place within the counties of St. Lawrence, Clinton or Franklin, as the judge of said district shall from time to time appoint, by a notice of at least forty days, to be published in the state paper of the state of New York; which latter term shall be held only for the trial of issues of fact arising within the said three last-mentioned counties. But nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, when he shall deem it necessary. Ibid. 2 3. trial of issues of 13. For the purpose of trying all issues of fact, triable by a jury in the district court of the United States for the northern district of New York, the said district shall be Division of north subdivided into three divisions, as follows, to wit: all that part of said district lying ern district for westward of the west lines of the counties of Cayuga, Tompkins and Tioga, shall con- fact. stitute the western division; the counties of St. Lawrence, Franklin and Clinton, shall constitute the northern division; and all the remainder of the district shall constitute the eastern division. And all such issues of fact shall be tried at a term of said court to be held in the division where the cause of action may have arisen, unless the said court, for good cause shown, shall order such issue to be tried elsewhere. [And all issues of fact in the said circuit court to be tried by a jury, where the cause of action may have arisen in the northern or eastern division aforesaid, shall be tried at the term of said circuit court to be held at Albany; and all other issues of fact in said circuit court to be tried by a jury, where the cause of action may have arisen in the western division of said district, shall be tried at the term of said circuit court to be held at Canandaigua.](6) But nothing herein contained shall prevent either of said courts, by Change of venue. general rule, from regulating the venue of transitory actions, and from changing the same for a good cause to be shown. 14. Hereafter a term of the district court for the northern district of New York shall 8 Aug. 1846 10. be held in the village of Auburn, on the third Tuesday in August in each year. And it 9 Stat. 74. and Buffalo. is further provided, That the term of the district court now required by law to be held Terms at Auburn at the city of Buffalo, on the second Tuesday of October in each year, shall hereafter be held on the second Tuesday of November in each year. 5 Stat. 506. district to ap 15. It shall be lawful for the clerk of the district court for the northern district of 11 Aug. 1842 1 New York, to appoint a deputy, who, in his absence, may exercise all the official powers of the said clerk, at the village of Auburn, in the county of Cayuga, in the said district. Clerk of northers And such deputy, before he enters on the discharge of his duties, shall take the usual point a deputy. oath for the faithful performance of his duties as such deputy. And nothing herein contained shall be held to excuse or release the said clerk from legal responsibility for acts performed by his said deputy in behalf of said clerk in the office aforesaid. III. COLLECTION DISTRICTS. 16. In the state of New York there shall be six districts, to wit: Sag Harbor, on 2 March 1799 Nassau or Long Island, the city of New York, the city of Hudson, Champlain, Oswego and Niagara. 1 Stat. 630. Harbor. The district of Sag Harbor shall include all the bays, harbors, rivers and shores, District of Sag within the two points of land which are called Oyster Pond Point and Montauck Point; and a collector for the district shall be appointed to reside at Sag Harbor, which shall be the only port of entry and delivery in the said district. 17. The district of the city of New York shall include all such part of the coasts, New York. rivers, bays and harbors of the said state as are not included in other districts of the said state, especially the several towns or landing places of New Windsor, Newburgh, Poughkeepsie, Esopus, Kinderhook and Albany, (c) as ports of delivery only; and a collector, naval officer and surveyor for the district shall be appointed, to reside at New York, which shall be the sole port of entry for the district; and a surveyor, at the city of Albany. And the president of the United States is authorized, if he judge it expedient, to appoint one other surveyor, to reside at such other place in the said district as he shall appoint. 18. The district of Hudson shall include all the waters and shores of the said city; Hudson. Altered; infra, 14. Clause within brackets repealed, supra, 8. (c) Troy is made a port of delivery by act 3 March 1825. 4 Stat 127. And Rhinebeck Landing, by act 2 March 1827. Ibid. 237. 2 March 1799. and a collector shall be appointed for the said district, to reside at the said city of IIudson, which shall be the sole port of entry and delivery.(a) Champlain. Oswego. Niagara. 3 March 1803 3. 2 Stat. 229. 19. The district of Champlain shall include all such shores and waters of Lake Champlain, and the rivers connected therewith, as lie within the said state of New York; and the said district shall extend westwardly along the northern boundary line of the said state, unto the place where said line is bounded by the river St. Lawrence. And the president of the United States is hereby authorized to appoint such place within the said district to be a port of entry and delivery, as he shall judge expedient; and a collector shall be appointed, to reside at the port of entry which may be established within the said district; and the president is also authorized, if he shall judge proper, to appoint, not exceeding two surveyors, to reside at such places as he may judge expedient to constitute ports of delivery only. 20. The district of Oswego shall include all the shores and waters of the river St. Lawrence, from the place where said river is intersected by the forty-fifth degree of northern latitude, and all the shores and waters of Lake Ontario, and the rivers and waters connected therewith, lying within the jurisdiction of the United States, and within the state of New York, to the eastward of the west bank of Genesee river; and a collector shall be appointed, who shall reside at or near Oswego, at such place as the president of the United States shall appoint to be the port of entry for the district. And the president of the United States is authorized to appoint not exceeding three surveyors, to reside at such places within the said district as he shall judge proper, and to constitute each or either of such places to be ports of delivery only. 21. The district of Niagara shall include all the shores and waters of Lake Ontario and Lake Erie, and the rivers connected therewith, lying within the jurisdiction of the United States, and within the state of New York, to the westward of the west bank of the Genesee river; and a collector shall be appointed who shall reside at Niagara,(¿) which shall be the sole port of entry for the district. And the president of the United States is authorized to appoint, not exceeding two surveyors, to reside at such places within the said district, as he shall judge proper, and to constitute each or either of such places to be the ports of delivery only. 22. It shall be lawful for the president of the United States to establish, when it shall appear to him to be proper, (c) in addition to the port of entry and delivery already Sackett's Harbor. established on Lake Ontario, one other port of entry and delivery on the said lake, or on the waters or rivers emptying therein; and to appoint a collector of the customs, to reside and keep an office thereat. 3 March 1805 3 1. 2 Stat. 336. Genesee. Ibid. 2. Buffalo Creek. Ibid. 25. officers. 23. All the shores and waters of the Lake Ontario, and the rivers and waters connected therewith, lying within the jurisdiction of the United States, and within the state of New York, to the westward of the western extremity of Sodus bay, but excluding all the rivers and waters emptying into the said bay, and to the eastward of the eastern extremity of a certain creek or bay lying between Niagara and the Genesee river, and known by the name of Oak Orchard Creek, shall be a district, to be called the district of Genesee, of which the river Genesee shall be the sole port of entry; and a collector for the said district shall be appointed, to reside on the river Genesee. 24. All the shores, rivers and waters heretofore belonging to the district of Niagara, which empty into Lake Erie, or into the river Niagara, above the falls of Niagara, shall, from and after the thirty-first day of March next, be a district, to be called the district of Buffalo Creek, of which Buffalo Creek shall be the sole port of entry; and a collector for the said district shall be appointed, to reside on Buffalo Creek.(d) 25. The several collectors and surveyors who may be appointed by virtue of this act, Compensation of or by virtue of the third section of an act passed the 3d of March 1803, which autho rizes the establishment of a new collection district on Lake Ontario, in addition to the fees and commissions allowed by law respectively, receive the same annual salary, which by law is allowed to the collectors and surveyors of the several districts comprising the northern and western boundaries of the United States. 8 March 1806 81. 2 Stat. 355. 26. The town or landing place of Jersey, in the state of New Jersey, shall be a port of delivery, to be annexed to the district of Perth Amboy, and shall be subject to the Jersey, a port of same regulations and restrictions as other ports of delivery in the United States. (And delivery. there shall be appointed a surveyor to reside at the said port of delivery, who shall be entitled to receive, in addition to the other emoluments allowed by law, a salary of one hundred dollars annually.](e) (a) The district of Hudson was annexed to that of New York, and abolished as a separate collection district, by act 7 May 1822. 8 Stat. 693. The city of Hudson is constituted a port of delivery by act 3 March 1825. 4 Stat. 127. (b) See infra, 27. 1805, by virtue of the authority hereby given. Sackett's Harbor (e) The office of surveyor at Jersey is deemed to be abolished by the act 2 March 1811, which provided for the appointment of an assistant collector; and this office of assistant collector was abo (c) The district of Sackett's Harbor was established 25 April lished by act 15 June 1844. 5 Stat. 664 |