Page:United States Statutes at Large Volume 1.djvu/196

 sessions,

the first of which to commence as follows, to wit: in the districts of New York and of New Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third Tuesdays of December next; and the other three sessions progressively in the respective districts on the like Tuesdays of every third calendar month afterwards, and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday in December of each and every year, commencing in December next;

and that the District Judge shall have power to hold special courts at his discretion. That the stated District Court shall be held at the places following, to wit:

in the district of Maine, at Portland and Pownalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charleston; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first;

and that the special courts shall be held at the same place in each district as the stated courts, or in districts that have two, at either of them, in the discretion of the judge, or at such other place in the district, as the nature of the 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 in districts that have two, at that place in each district which the judge shall appoint.

.And be it further enacted, That the before mentioned districts, except those of Maine and Kentucky, shall be divided into three circuits, and be called the eastern, the middle, and the southern circuit. That the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut and New York; that the middle circuit shall consist of the districts of New Jersey, Pennsylvania, Delaware, Maryland and Virginia; and that the southern circuit shall consist of the districts of South Carolina and Georgia, and that there shall be held annually in each district of said circuits, two courts, which shall be called Circuit Courts, and shall consist of any two justices of 1Gallis’ C. C. R. 227. Hudson et al. v. Guestier, 6Cranch, 281; 2Cond. Rep. 374. Brown v. The United States, 8Cranch, 110; 3Cond. Rep. 56. De Lovio v. Boit et al., 2Gallis’ Rep. 398. Burke v. Trevitt, 1Mason, 96. The Amiable Nancy, 3Wheat. 546; 4Cond. Rep. 322. The Abby, 1Mason, 860. The Little Ann, Paine’s C. C. R.40. Slocum v. Maybury et al., 2Wheat 1; 4Cond. Rep. 1. Southwick v. The Postmaster General, 2Peters, 442. Davis v. A New Brig, Gilpin’s D. C. R.473. Smith v. The Pekin, Gilpin’s D. C. R.203. Peters’ Digest, “Courts,” “District Courts of the United States.”

The 3d section of the act of Congress of 1789, to establish the Judicial Courts of the United States, which provides that no summary writ, return of process, judgment, or other proceedings in the courts of the United States shall be abated, arrested or quashed for any defect or want of form, &c., although it does not include verdicts, eo nomine, but judgments are included; and the language of the provision, “writ, declaration, judgment or other proceeding, in court causes,” and further “such writ, declaration, pleading, process, judgment or other proceeding whatsoever,” is sufficiently comprehensive to embrace every conceivable step to be taken in court, from the emanation of the writ, down to the judgment. Roach v. Hulings, 16Peters, 319.