| slovo | definícia |
courts
(encz) | courts,kurty n: pl. Zdeněk Brož |
courts
(encz) | courts,nádvoří pl. Zdeněk Brož |
courts
(encz) | courts,soudy n: pl. Zdeněk Brož |
| | podobné slovo | definícia |
courts-martial
(encz) | courts-martial, |
courtship
(encz) | courtship,dvoření n: PetrVcourtship,námluvy n: PetrVcourtship,známost n: PetrV |
courtship rituals
(encz) | courtship rituals,námluvy n: pl. Jirka Daněk |
Christian courts
(gcide) | Ecclesiastical \Ec*cle`si*as"tic*al\, a. [See Ecclesiastical,
a.]
Of or pertaining to the church; relating to the organization
or government of the church; not secular; as, ecclesiastical
affairs or history; ecclesiastical courts.
[1913 Webster]
Every circumstance of ecclesiastical order and
discipline was an abomination. --Cowper.
[1913 Webster]
Ecclesiastical commissioners for England, a permanent
commission established by Parliament in 1836, to consider
and report upon the affairs of the Established Church.
Ecclesiastical courts, courts for maintaining the
discipline of the Established Church; -- called also
Christian courts. [Eng.]
Ecclesiastical law, a combination of civil and canon law as
administered in ecclesiastical courts. [Eng.]
Ecclesiastical modes (Mus.), the church modes, or the
scales anciently used.
Ecclesiastical States, the territory formerly subject to
the Pope of Rome as its temporal ruler; -- called also
States of the Church.
[1913 Webster] |
Courtship
(gcide) | Courtship \Court"ship\ (k?rt"sh?p), n.
1. The act of paying court, with the intent to solicit a
favor. --Swift.
[1913 Webster]
2. The act of wooing in love; solicitation of woman to
marriage.
[1913 Webster]
This method of courtship, [by which] both sides are
prepared for all the matrimonial adventures that are
to follow. --Goldsmith.
[1913 Webster]
3. Courtliness; elegance of manners; courtesy. [Obs.]
[1913 Webster]
Trim gallants, full of courtship and of state.
--Shak.
[1913 Webster]
4. Court policy; the character of a courtier; artifice of a
court; court-craft; finesse. [Obs.]
[1913 Webster]
She [the Queen] being composed of courtship and
Popery. --Fuller.
[1913 Webster] |
Courts-martial
(gcide) | Court-martial \Court`-mar"tial\ (k?rt`m?r"shal), n.; pl.
Courts-martial (k?rts`-).
A court consisting of military or naval officers, for the
trial of one belonging to the army or navy, or of offenses
against military or naval law.
[1913 Webster] |
Discourtship
(gcide) | Discourtship \Dis*court"ship\, n.
Want of courtesy. [Obs.] --B. Jonson.
[1913 Webster] |
Ecclesiastical courts
(gcide) | Ecclesiastical \Ec*cle`si*as"tic*al\, a. [See Ecclesiastical,
a.]
Of or pertaining to the church; relating to the organization
or government of the church; not secular; as, ecclesiastical
affairs or history; ecclesiastical courts.
[1913 Webster]
Every circumstance of ecclesiastical order and
discipline was an abomination. --Cowper.
[1913 Webster]
Ecclesiastical commissioners for England, a permanent
commission established by Parliament in 1836, to consider
and report upon the affairs of the Established Church.
Ecclesiastical courts, courts for maintaining the
discipline of the Established Church; -- called also
Christian courts. [Eng.]
Ecclesiastical law, a combination of civil and canon law as
administered in ecclesiastical courts. [Eng.]
Ecclesiastical modes (Mus.), the church modes, or the
scales anciently used.
Ecclesiastical States, the territory formerly subject to
the Pope of Rome as its temporal ruler; -- called also
States of the Church.
[1913 Webster] |
courtship
(wn) | courtship
n 1: a man's courting of a woman; seeking the affections of a
woman (usually with the hope of marriage); "its was a brief
and intense courtship" [syn: courtship, wooing,
courting, suit] |
COURTS OF THE UNITED STATE
(bouvier) | COURTS OF THE UNITED STATES. The judiciary of the United States is
established by virtue of the following provisions, contained in the third
article of the constitution, namely:
2.-1. The judicial power of the United States shall be vested in one
supreme court, and in such inferior courts as congress may, from time to
time, ordain and establish. The judges, both of the supreme and inferior
courts, shall hold their offices during good behaviour, and shall, at stated
times, receive for their services a compensation, which shall not be
diminished during their continuance in office.
3.- 2. (1.) The judicial power shall extend to all cases in law and
equity arising under this constitution, the laws of the United States, and
treaties made, or which shall be made, under their authority; to all cases
affecting ambassadors, other public ministers and consuls; to all cases of
admiralty and maritime jurisdiction; to controversies to which the United
States shall be a party to controversies between two or more states, between
a state and a citizen of another state, between citizens of different
states, between citizens of the same state claiming lands under grants of
different states, and between a state, or the citizens thereof, and foreign
states, citizens or subjects.
4.-(2.) In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the supreme court
shall have original jurisdiction. In all the other cases before mentioned,
the supreme court shall have appellate jurisdiction, both as to law and
fact, with such exceptions, and under such regulations, as congress shall
make.
5.-(3.) The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state where the said
crime shall have been committed; but when not committed within any state,
the trial shall be at such place or places as congress may by law have
directed.
6. By the amendments to the constitution, the following alteration has
been made: "Art. 11. The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commence or prosecuted
against one of the United States by citizens of another state, or citizens
or subjects of any foreign state."
7. This subject will be considered by taking a view of, 1. The central
courts; an 2. The local courts.
Art. 1 The Central Courts of the United States.
8. The central courts of the United States are, the senate, for the
trial of impeachments, and the supreme court. The territorial jurisdiction
of these courts extends over the whole country.
1. Of the Senate of the United States.
9.-1. The constitution of the United States, art. 1, Sec. 3, provides
that the senate shall have the sole power to try all impeachments. When
sitting for that purpose, the senate shall be on oath or affirmation. When
the president of the United States is tried, the chief justice shall preside
and no person shall be convicted without the concurrence of two-thirds of
the members present.
10. lt will be proper here to consider, 1. The organization of this
extraordinary court; and, 2. Its jurisdiction.
11.-1. Its organization differs according as it has or, has not the
president of the United States to try. For the trial of all impeachment of
the president, the presence of the chief justice is required. There must
also be a sufficient number of senators present to form a quorum. For the
trial of all other impeachments, it is sufficient if a quorum be present.
12.-2. The jurisdiction of the senate, as a court for the trial of
impeachments, extends to the following officers, namely; the president,
vice-president, and all civil officers of the United States, art. 2, Sec. 4,
when they shall have been guilty of treason, bribery, and other high crimes
and misdemeanors. Id. The constitution defines treason, art.
3.-3, but recourse must be had to the common law for a definition of
bribery. Not having particularly mentioned what is to be understood by
"other high crimes and misdemeanors," resort, it is presumed, must be had to
parliamentary practice. and the common law, in order to ascertain what they
are. Story, Const. Sec. 795.
2. Of the Supreme Court.
13. The constitution of the United States directs that the judicial
power of the United States shall be vested in one supreme court; and in such
inferior courts as congress may, from time to time, ordain and establish. It
will be proper to consider, 1st. Its organization; 2dly. Its Jurisdiction.
14.-1. Of the organization of the supreme court. Under this head will
be considered, 1. The appointment of the judges. 2. The number necessary to
form a quorum. 3. The time and place of holding the court.
15.-1. The judges of the supreme court are appointed by the president,
by and with the consent of the senate, Const. art. 2, Sec. 2. They hold
their office during good behaviour, and receive for their services a
compensation, which shall not be diminished during their continuance in
office. Const. art" 3, Sec. 1. They consist of a chief justice and eight
associate justices. Act of March 3, 1837, Sec. 1.
16.-2. Five judges are required to make a quorum, Act of March 3,
1837, Sec. 1; but by the act of the 21st of January, 1829, the judges
attending on the day appointed for holding a session of the court, although
fewer than a quorum, at that time, four have authority to adjourn the court
from day to day, for twenty days, after the time appointed for the
commencement, of said session, unless a quorum shall sooner attend; and the
business shall not be continued over till the next session of the court,
until the expiration of the said twenty days. By the same act, if, after the
judges shall have assembled, on any day less than a quorum shall assemble,
the judge or judges. so assembling shall have authority to adjourn the said
court, from day to day, until a quorum shall attend, and, when expedient and
proper, may adjourn the same without day.
17-3. The supreme court is holden at the city of Washington. Act of
April 29, 1 802. The session commences on the second Monday of January, in
each and every year. Act of May, 4, 1826. The first Monday of August in each
year is appointed as a return day. Act of April 29, 1802. In case of a
contagious sickness, the chief justice or his senior associate may direct in
what other place the court shall be held, and the court shall accordingly be
ad to such place. Act of February 25, 1799, Sec. 7. The officers of the
court are a clerk, who is appointed by the court, a marshal, appointed by
the president, by and with the advice and the consent of the senate, crier,
and other inferior officers.
18.-2. Of the jurisdiction of the supreme. court. The jurisdiction of
the supreme court is either civil or criminal.
19.-1. The civil jurisdiction is either original or appellate.
20.-(1.) The provisions of the constitution that relate to the
original jurisdiction of the supreme court, are contained in the articles of
the constitution already cited.
21. By the act of September 24th, 1789, Sec. 13, the supreme court shall
have exclusive jurisdiction of all controversies of civil nature where a
state is a party, except "between a state and it's citizens; and except
also, between a state and citizens of other states or aliens, in which
latter case it shall have original, but not exclusive jurisdiction. And
shall have, exclusively, all such jurisdiction of suits, or proceedings
against ambassadors or other public ministers, or their domestics or
domestic servants, as a court of law can have or exercise consistently with
the law of nations. And original, but not exclusive jurisdiction of all
suits brought by ambassadors or other public ministers, or in which a consul
or vice-consul shall be a party. And the trial of issues in fact, in the
supreme court, in all actions at law, against citizens of the United States,
shall be by jury.
22. In consequence of the decision of the case of Chisholm v. Georgia,
where it was held that assumpsit might be maintained against a state by a
citizen of a different state, the 11th article of the amendments of the
constitution above quoted, was adopted.
23. In those cases in which original jurisdiction is given to the
supreme court, the judicial power of the United States cannot be exercised
in its appellate form. With the exception of those cases in which original
jurisdiction is given to this court, there is none to which the judicial
power extends, from which the original jurisdiction of the inferior courts
is excluded by the constitution.
24. The constitution establishes the supreme court and defines its
jurisdiction. It enumerates the cases in which its jurisdiction is original
and exclusive, and defines that which is appellate. See 11 Wheat. 467.
25. Congress cannot vest in the supreme court original jurisdiction in a
case in which the constitution has clearly not given that court original
jurisdiction; and affirmative words in the constitution, declaring in what
cases the supreme court shall have original jurisdiction, must be construed
negatively as to all other cases, or else the clause would be inoperative
and useless. 1 Cranch, 137. See 5 Pet. 15 Pet. 284; 12 Pet. 657; 9 Wheat.
738 6 Wheat. 264.
26.-2. The supreme court exercises appellate jurisdiction in the
following different modes:
(1.) By writ of error from the final judgments of the circuit courts; of
the district courts, exercising the powers of circuit courts; and of the
superior, courts of the territories, exercising the powers of circuit,
courts, in certain cases. A writ of error does not lie to the supreme court
to reverse the judgment of a circuit court, in a civil action by writ of
error carried from the district court to the circuit court. The United
States v. Goodwin, 7 Cranch, 108. But now, by the act of July 4, 1840, c.
20, Sec. 3, it is enacted that writs of error shall lie to the supreme court
from all judgments of a circuit court, in cases brought there by writs of
error from the district court, in like manner and under the same
regulations, as are provided by law for writs of error for judgments
rendered upon suits originally brought in the circuit court.
27.-(2.) The supreme court has jurisdiction by appeals from the final
decrees of the circuit courts; of the district courts exercising the powers
of circuit courts; and of the superior courts of territories, exercising the
powers of circuit courts in certain cases. See 8 Cranch, 251 6 Wheat. 448.
28.-(3.) The supreme court has also jurisdiction by writ of error from
the, final judgments and decrees of the highest courts of law or equity in a
state, in the cases provided for by the twenty-fifth section of the act of
September 24th, 1789, which enacts that a final judgment or decree, in any
suit in the highest court of law, or equity of a, state, in which a decision
in the suit could be had, where is drawn in question the validity of a
treaty, or statute of, or an authority exercised under, the United States,
and the decision is against their validity; or where is drawn in question
the validity of a statute of, or an authority exercised under any state, on
the ground of their being repugnant to the constitution, treaties, or laws
of the United States, and the decision is in favor of such their validity;
or where is drawn in question the construction of any clause of the
constitution, or of a treaty or statute of, or commission held under the
United States, and the decision is against the title, right, privilege, or
exemption specially set up or claimed by either party, under such clause of
the said constitution, treaty, statute, or commission, may be re-examined,
and reversed or affirmed in the supreme court of the United States, upon a
writ of error, the citation being signed by the chief justice or judge, or
chancellor of the court rendering or passing the judgment or decree
complained of, or by a justice of the supreme court of the United States, in
the same manner, and under the same regulations, and the writ shall have the
same effect as if the judgment or decree complained of had been rendered or
passed in a circuit court; and the proceeding upon the reversal shall also
be the same, except that the supreme court, instead of remanding the cause
for a final decision as before provided, may, at their discretion, if the
cause shall have been once remanded before, proceed to a final decision of
the same, and award execution. But no other error shall be assigned or
regarded as a ground of reversal, in any such case as aforesaid, than such
as appears on the face of the record, and immediately respects the before
mentioned questions of validity, or construction of the said constitution,
treaties, statutes, commissions, or authorities in dispute. See 5 How. S. C.
R. 20, 55
29. The appellate jurisdiction of the supreme court extends to all cases
pending in the state courts and the twenty-fifth section of the judiciary
act, which authorizes the exercise of this jurisdiction in the specified
cases by writ of error, is supported by the letter and spirit of the
constitution. 1 Wheat. 304.
30. When the construction or validity of a treaty of the United States
is drawn in question in the state courts, and the decision is against its
validity, or the title specially set up by either party under the treaty,
the supreme court has jurisdiction to ascertain that title, and to determine
its legal meaning. 1 Wheat. 358; 5 Cranch, 344; 9 Wheat. 738; 1 Pet. 94; 9
Pet. 224; 10 Pet. 368; 6 Pet. 515.
31. The supreme court has jurisdiction although one of the parties is a
state, and the other a citizen of that state. 6 Wheat. 264.
32. Under the twenty-fifth section of the judiciary act, when any clause
of the constitution or any statute of the United States is drawn in
question, the decision must be against the title or right set up by the
party under such clause or statute; otherwise the supreme court has no
appellate jurisdiction of the case. 12 Wheat. 117, 129 6 Wheat. 598 3
Cranch, 268 4 Wheat. 311; 7 Wheat. 164; 2 Peters, 449; 2 Pet. 241; 11 Pet.
167; 1 Pet. 655; 6 Pet. 41; 5 Pet. 248.
33. When the judgment of the highest court of law of a state, decides in
favor of the validity of a statute of a state drawn in question, on the
ground of its being repugnant to the constitution of the United States, it
is not a final judgment within the twenty-fifth section of the judiciary act
if the suit has been remanded to the inferior court, where it originated,
for further proceedings, not inconsistent with the judgment of the highest
court. 12 Wheat. 135.
34. The words "matters in dispute" in the act of congress, which is to
regulate the jurisdiction of the supreme court, seem appropriated to civil
causes. 3 Cranch, 159. As to the manner of ascertaining the matter in
dispute, see 4 Cranch, 216; 4 Dall. 22; 3 Pet. 33; 3 Dall. 365; 2 Pet. 243;
7 Pet. 634; 5 Cranch, 13; 4 Cranch, 316.
35.-(4.) The supreme court has jurisdiction by certificate from the
circuit court, that the opinions of the judges are opposed on points stated,
as provided for by the sixth section of the act of April 29th, 1802. The
provisions of the act extend to criminal as well as to civil cases. See 2
Cranch, 33; 10 Wheat. 20 2 Dall. 385; 4 Hall's Law Journ. 462; 5 Wheat. 434;
6 Wheat. 542; 12 Wheat. 212; 7 Cranch, 279.
36.-(5.) It has also jurisdiction by mandamus, prohibition, habeas
corpus, certiorari, and procedendo.
37.-2. The criminal jurisdiction of the supreme court is derived from
the constitution and the act of September 24th, 1789, s. 13, which gives the
supreme court exclusively, all such jurisdiction of suits or proceedings
against ambassadors, or other public ministers, or their domestics, as a
court of law can have or exercise consistently with the law of nations. But
it must be remembered that the act of April 30tb, 1790, sections 25 and 26,
declares void any writ or process whereby the person of any ambassador, or
other public minister, their domestics or domestic servants, may be arrested
or imprisoned. Art. 2. The local courts.
38. The local courts of the United States are, circuit courts, district
courts, and territorial courts., 1. The circuit courts.
39. In treating of circuit courts, it will be convenient to consider,
1st. Their organization; and, 2d. Their jurisdiction.
40.-1. Of the organization of the circuit courts. The circuit courts
are the principal inferior courts established by congress. There are nine
circuit courts, composed of the districts which follow, to wit:
41.-1. The first circuit consists of the districts of New Hampshire,
Massachusetts, Rhode Island, and Maine. It consists of a judge of the
supreme court and the district judge of the district where such court is
holden. See Acts April 29, 1802 March 26, 1812 and March 30, 1820.
42.-2 The second circuit is composed of the districts of Vermont,
Connecticut and New York. Act of March 3, 183 7.
43.-3. The third circuit consists of the districts of New Jersey, and
eastern and western Pennsylvania;. Act of March 3, 1837.
44.-4. The fourth circuit is composed of Maryland, Delaware, and
Virginia. Act of Aug. 16, 1842.
45.-5. The fifth circuit is composed of Alabama and Louisiana. Act of
August 16, 1842.
46.-6. The sixth circuit consist of the districts of North Carolina,
South Carolina, and Georgia. Act of Aug. 16, 1842.
47.-7. The seventh circuit is composed of Ohio, Indiana, Illinois, and
Michigan. Act of March 3, 1837, Sec. 1.
48.-8. The eighth circuit includes Kentucky, East and West Tennessee,
and Missouri. Act of March 3, 1837, Sec. 1. By the Act of April 14, 1842,
ch. 20, Sec. 1, it is enacted that the district court of the United States
at Jackson, in the district of West Tennessee, shall in future be attached
to, and form a part of the eighth judicial district of the United States,
with all the power and jurisdiction of the circuit court held at Nashville,
in the middle district of Tennessee.
49.-9. The ninth circuit is composed of the districts of Alabama, the
eastern district of Louisiana, the district of Mississippi, and the district
of Arkansas. Act of March 3, 1837, Sec. 1.
50. In several districts of the United States, owing to their remoteness
from any justice of the supreme court, there are no circuit courts held. But
in these, the district court there is authorized to act as a circuit court,
except so far as relates to writs of error or appeals from judgments or
decrees in such district court.
51. The Act of March 3, 1837, provides, "That so much of any act or
acts of congress as vests in the district courts of the United States for
the districts of Indiana, Illinois, Missouri, Arkansas, the eastern district
of Louisiana, the district of Mississippi, the northern district of New
York, the western district of Virginia, and the western district of
Pennsylvania, and the district of Alabama, or either of them, the power and
jurisdiction of circuit courts, be, and the same is hereby, repealed; and
there shall hereafter be circuit courts held for said districts by the chief
or associate justices of the supreme court, assigned or allotted to the
circuit to which such districts may respectively belong, and the district
judges of such districts, severally and respectively, either of whom shall
constitute a quorum; which circuit courts, and the judges thereof, shall
have like powers, and exercise like jurisdiction as other circuit courts and
the judges thereof; and the said district courts, and the judges thereof,
shall have like powers, and exercise like jurisdiction, as the district
courts, and the judges thereof in the other circuits. From all judgments and
decrees, rendered in the district courts of the United States for the
western district of Louisiana, writs of error and appeals shall lie to the
circuit court in the other district in said state, in the same manner as
from decrees and judgments rendered in. the districts within which a circuit
court is provided by this act."
52. In all cases where the day of meeting of the circuit court is fixed
for a particular day of the mouth, if that day happen on Sunday, then, by
the Act of 29th April, 1802, and other acts, the court shall be held the
next day.
53. The Act of April 29, 1802, Sec. 5, further provides, that on every
appointment which shall be hereafter made, of a chief justice, or associate
justice, the chief justice and associate justices shall allot among
themselves the aforesaid circuits, as they shall think fit, and shall enter
such allotment on record.
54. The Act of March 3, 1837, Sec. 4, directs that the allotment of the
chief justice and the associate justices of the said supreme court to the
several circuits shall be made as heretofore.
55. And by the Act of August 16, 1842, the justices of the supreme court
of the United States, or a majority of the are required to allot the several
districts among the justices of the said court.
56. And in case no such allotment shall be made by them, at their
sessions next succeeding such appointment, and also, after the appointment
of any judge as aforesaid, and before any other allotment shall have been
made, it shall and may be lawful for the president of the United States, to
make such allotment as he shall deem proper which allotment, in either case,
shall be binding until another allotment shall be made. And the circuit
courts constituted by this act shall have all the power, authority and
jurisdiction, within the several districts of their respective circuits,
that before the 13th February, 1801, belonged to the circuit courts of the
United States.
57. The justices of the supreme court of the United States, and the
district judge of the district where the circuit is holden, compose the
judges of the circuit court. The district judge may alone hold a circuit
court, though no judge of the supreme court may be allotted to that circuit.
Pollard v. Dwight, 4 Cranch, 421.
58. The Act of September 24th, 1789, Sec. 6, provides, that a circuit
court may be adjourned from day to day, by one of its judges, or if none are
present, by the marshal of the district, until a quorum be convened. By the
Act of May 19, 1794, a circuit court in any district, when it shall happen
that no judge of the supreme court attends within four days after the time
appointed by law, for the commencement of the sessions, may be adjourned to
the next stated term, by the judge of the district, or, in case of his
absence also, by the marshal of the district. But by the 4th section of the
Act of April 29, 1802, where only one of the judges thereby directed to hold
the circuit courts shall attend, such circuit court may be held by the judge
so attending.
59. By the Act of March 2, 1809, certain duties are imposed oil the
justices of the supreme court, in case of the disability of a district judge
within their respective circuits to hold a district court. Sect. 2, enacts,
that in case of the disability of the district judge of either of the
district courts of the United 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 which
such district court ought, by law to be holden, and on application of the
district attorney, or marshal of such district, in writing, the said justice
of the supreme court shall, thereupon, issue his order in the nature of a
certiorari) directed to the clerk of such district court, requiring him
forthwith to certify unto the next circuit court, to be holden, in said
district, all actions, suits, pauses, pleas, or processes, civil or
criminal, of what nature or land soever, that may be depending in such
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 newspapers, 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 cognizance of all such actions, suits, causes,
pleas, or processes, civil or criminal, of what nature or kind soever, and
in the 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 recognizances taken for, or returnable to, such
district court, shall be construed and taken to be the circuit court to be
holden thereafter, in pursuance of this act, and shall have the same force
and effect in such court as they would 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 any other time than the legal time for holding the circuit
court of the United States in and for such district.
60. Sect. 2, provides, that the clerk of such district shall, during the
continuance of the disability of the district judge, continue to certify, as
aforesaid, all suits or actions, of what nature or kind soever, which may
thereafter be brought to such district court, and the same transmit to the
circuit court next thereafter to be holden in the same district. And the
said circuit court shall have cognizance of the same, in like manner as is
hereinbefore provided in this act, and shall proceed to bear and determine
the same. Provided, nevertheless, that when the disability of the district
judge shall cease, or be removed, all suits or actions then pending and
undetermined in the circuit court, in which, by law, the district courts
have an exclusive original cognizance, shall be remanded, and the clerk of
the said circuit court shall transmit the same, pursuant to the order of the
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, as would have been, had the same
originated, or been continued, in the said district court.
61. Sect. 3, enacts, that 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 or order of the
circuit judge of the circuit in which such district is included, to take,
during such disability of the district judge, all examinations, and
depositions of witnesses, and to make all necessary rules and orders,
preparatory to the final hearing of all causes of admiralty and maritime
jurisdiction. See 1 Gall. 337 1 Cranch, 309 note to Hayburn's case, 3 Dall.
410.
62. If the disability of the district judge terminate in his death, the
circuit court must remand the certified causes to the district court. Ex
parte United States, 1 Gall. 337.
63. By the first section of the Act of March 3, 1821, in all suits and
actions in any district court of the United States, in which it shall appear
that the judge of such court is any ways concerned in interest, or has been
of counsel for either party, or is so related to, or connected with, either
party, as to render it improper for him, in his opinion, to sit on the trial
of such suit or action, it shall be the duty of such judge, on application
of either party, to cause the fact to be entered on the records of the
court, and also an order that an authenticated copy the thereof, with all
the proceedings in such suit or action, shall be forthwith certified to the
next circuit court of the district, and if there be no circuit court in such
district, to the next circuit court in the state, and if there be no circuit
court in such state, to the most convenient circuit court in an adjacent
state; which circuit court shall, upon such record being filed with the
clerk thereof, take cognizance thereof, in like manner as if such suit or
action had been originally commenced in that court, and shall proceed to
bear and determine the same accordingly, and the jurisdiction of such
circuit court shall extend to all such cases to be removed, as were
cognizable in the district court from which the same was removed.
64. And the Act of February 28, 1839, Sec. 8, enacts, "That in all suits
and actions, in any circuit court of the United States, in which it shall
appear that both the judges thereof, or the judge thereof, who is solely
competent by law to try the same, shall be any ways concerned in interest
therein, or shall have been of counsel for either party, or is, or are so
related to, or connected with, either party as to render it improper for him
or them, in his or their opinion, to sit in the trial of such suit or
action, it shall be the duty of such judge, or judges, on application of
either party, to cause the fact to be entered on the records of the court;
and, also, to make an order that an authenticated copy thereof, with all the
proceedings in such suit or action, shall be certified to the most
convenient circuit court in the next adjacent state, or in the next adjacent
circuit; which circuit court shall, upon such record and order being filed
with the clerk thereof, take cognizance thereof in the same manner as if
such suit or action had been rightfully and originally commenced therein,
and shall proceed to hear and determine the same accordingly; and the proper
process for the due execution of the judgment or decree rendered therein,
shall run into, and may be executed in, the district where such judgment or
decree was rendered; and, also, into the district from which such suit or
action was removed."
65. The judges of the supreme court are not appointed as circuit court
judges, or, in other words, have no distinct commission for that purpose:
but practice and acquiescence under it, for many years, were held to afford
an irresistible argument against this objection to their authority to act,
when made in the year, 1803, and to have fixed the construction of the
judicial system. The court deemed the contemporary exposition to be of the
most forcible nature, and considered the question at rest, and not to be
disturbed then. Stuart v. Laird, 1 Cranch, 308. If a vacancy exist by the
death of the justice of the supreme court to whom the district was allotted,
the district judge may, under the act of congress, discharge the official
duties, (Pollard v. Dwight, 4 Cranch, 428. See the fifth section of the Act
of April 29, 1802,) except that he cannot sit upon a writ of error from a
decision in the district court. United States v. Lancaster, 5 Wheat. 434.
66. It is enacted, by the Act of February 28, 1839, Sec. 2, that all
the circuit courts of the United States shall have the appointment of their
own clerks; and in case of disagreement between the judges, the appointment
shall be made by the presiding judge of the court.
67. The marshal of the district is an officer of the court, and the
clerk of the district court is also clerk of the circuit court in such
district. Act of September 24, 1789, Sec. 7.
68. In the District of Columbia, there is a circuit court established by
particular acts of congress, composed of a chief justice and two associates.
See Act. of February 27, 1801; 12 Pet. 524; 7 Pet. 203; 7 Wheat. R. 534; 3
Cranch, 159; 8 Cranch, 251; 6 Cranch 233. Sec. 2. Of the Jurisdiction of the
Circuit Courts.
69. The jurisdiction of the circuit courts is either civil or criminal.
(1.) Civil Jurisdiction. The civil jurisdiction is either at law or in
equity. Their civil jurisdiction at law is, 1st. Original. 2d. By removal of
actions from the state courts. 3d. By writ of mandamus. 4tb. By appeal.
70.-1st. The original jurisdiction of the circuit courts at law, may
be considered, first, as to the matter in controversy second, with regard to
the parties litigant. (1.) The Matter in Dispute.
71. By the Act of September 24, 1789, Sec. 11, to give jurisdiction to
the circuit court, the matter in dispute must exceed $500. In actions to
recover damages for torts, the sum laid in the declaration is the criterion
as to the matter in dispute. 3 Dall. 358. In an action of covenant on an
instrument under seal, containing a penalty less than $500, the court has
jurisdiction if the declaration demand more than $500. 1 Wash. C. C. R. 1.
In ejectment, the value of the land should appear in the declaration; 4
Wash. C. C. R. 624; 8 Cranch, 220; 1 Pet. 73; but though the jury do not
find the value of the land in dispute, yet if evidence be given on the
trial, that the value exceeds $500, it is sufficient to fix the
jurisdiction; or the court may ascertain its value by affidavits. Pet. C. C.
R. 73.
72. If the matter in dispute arise out of a local injury, for which a
local action must be brought, in order to give the circuit court
jurisdiction, it must be brought in the district where the lands lie. 4
Hall's Law Journal, 78.
73. By various acts of congress, jurisdiction is given to the circuit
courts in cases where actions are brought to recover damages for the
violation of patent and Copyrights, without fixing any amount as the limit.
See Acts of April 17, 1800, Sec. 4; Feb. 15, 1819; 7 Johns. 144; 9 Johns.
507.
74. The circuit courts have jurisdiction in cases arising under the
patent laws. By the Act of July 4, 1836, Sec. 17, it is enacted, "That all
actions, suits, controversies, and cases arising under any law of the United
States, granting or confirming to inventors the exclusive right to their
inventions or discoveries, shall be originally cognizable, as well in equity
as at law, by the circuit courts of the United States, or any district court
having the powers and jurisdiction of a circuit court; which courts shall
have power, upon bill in equity filed by any party aggrieved, in any such
case, to grant injunctions, according to the course and principles of courts
of equity, to prevent the violation of the rights of any inventor, as
secured to him by any law of the United States, on such terms and conditions
as said courts may deem reasonable. Provided, however, That from all
judgments and decrees, from any such court rendered in. the premises, a writ
of error or appeal, as the case may require, shall lie to the supreme court
of the United States, in the same manner and under the same circumstances as
is now provided by law in other judgments and decrees of circuit courts, and
in all other cases in which the court shall deem it reasonable to allow the
game."
75. In general, the circuit court has no original jurisdiction of suits
for penalties and forfeitures arising under the laws of the United States,
nor in admiralty cases. 2 Dall. 365 4 Dall. 342; Bee, 19. (2.) The character
of the parties.
76. Under this head will be considered 1. The United States. 2. Citizens
of different states. 3. Suits where an alien is a party. 4. When an assignee
is plaintiff. 5. Defendant must be an inhabitant of the circuit. (i.) The
United States.
77. The United States may sue on all contracts in the circuit courts
where the sum in controversy exceeds, besides costs, the sum of $500 but, in
cases of penalties, the action must be commenced in the district court,
unless the law gives express jurisdiction to the circuit courts. 4 Dall.
342. Under the Act of March 3, 1815, Sec. 4, the circuit court has
jurisdiction concurrently with the district court of all suits at common law
where any officer of the United States sues under the authority of an act of
congress; as where the postmaster general sues under an act of congress for
debts or balances due to the general post-office. 12 Wheat. 136. See 2 Pet.
447; 1 Pet. 318.
78. The circuit court has jurisdiction on a bill in equity filed b the
United States against the debtor of their debtor, they claiming priority
under the statute of March 2, 1798, c. 28, Sec. 65, though the law of the
state where the suit is brought permits a creditor to proceed against the
debtor of his debtor by a peculiar process at law. 4 Wheat. 108. (ii.) Suits
between citizens of different states.
79. The Act of September 24, 1789, Sec. 11, gives jurisdiction to the
circuit court in suits of civil nature when the matter in dispute is of a
certain amount, between a citizen of the state where the suit is brought,
and a citizen of another state; one of the parties must therefore be a
citizen of the state where the such is brought. See 4 Wash. C. C. R. 84;
Pet. C. C. R. 431; 1 Sumn. 581; 1 Mason, 520; 5 Cranch, 288; 3 Mason, 185; 8
Wheat.'699; 2 Mason, 472; 5 Cranch, 57; Id. 51; 6 Wheat. 450; 1 Pet. 238; 4
Wash. C. C. R. 482, Id. 595.
80. Under this section the division of a state into two or more
districts does not affect the jurisdiction of the circuit court, on account
of citizenship. The residence of a party in a different district of a state
from that in which the suit is brought, does not exempt him from the
jurisdiction of the court; if he is found in the district where he is sued
he is not within the prohibition of this section. 11 Pet. 25. A territory is
not a state for the purpose of giving jurisdiction, and, therefore, a
citizen of a territory cannot sue the citizen of a State in the circuit
court. 1 Wheat. 91. (iii.) Suits where on alien is a party.
81. The Act of September 24, 1780, Sec. 11, gives the circuit court
cognizance of all suits of a civil nature where an alien is a party; but
these general words; must be restricted by the provision in the constitution
which gives jurisdiction in controversies between a state, or the citizens
of a state, and foreign states, citizens or subjects; and the statute cannot
extend the jurisdiction beyond the limits of the constitution. 4 Dall. 11; 5
Cranch, 308. When both parties are aliens, the circuit court has no
jurisdiction. 4 Cranch, 46; 4 Dall. 11. An alien who holds lands under a
special law of the state in which he is resident, may maintain an action in
relation to those lands, in the circuit court. 1 Baldw. 216. (iv.) When an
assignee is the plaintiff.
82. The court has no jurisdiction unless a suit might have been
prosecuted in such court to recover on the contract assigned, if no
assignment had been made, except in cases of bills of exchange. Act of
September 24, 1789, Sec. 11; see 2 Pet. 319; 1 Mason, 243; 6 Wheat. 146; 11
Pet. 83; 9 Wheat. 537; 6 Cranch, 332; 4 Wash. C. C. R. 349; 4 Mason, 435; 12
Pet. 164; 2 Mason, 252. It is said that this section of the act of congress
has no application to the conveyance of lands from a citizen of one state to
a citizen of another. The grantee in such, case may maintain his action in
the circuit court, when otherwise properly qualified, to try the title to
such lands. 2 Sumn. 252. (V.) The defendant must be an inhabitant of, or
found in the circuit.
83. The circuit court has no jurisdiction of an action against a
defendant unless he be an inhabitant of the district in which such court is
located, or found therein, at the time of serving the writ. 3 Wash. C. C. R.
456. A citizen of one state may be sued in another, it the process be served
upon him in the latter; but in such cases) the plaintiff must be a citizen
of the latter state, or an alien. 1 Pet. C. C. R. 431. 2d. Removal of
actions from the state court's.
84. The, Act of September 24, 1789, gives, in certain cases, the right
of removing a suit instituted in a state court to the circuit court of the
district. It is enacted by that law, that if a suit be commenced in any
state court against an alien, or by a citizen of the state in which the suit
is brought, against a citizen of another state, and the matter in dispute
exceeds the aforesaid sum or value of five hundred dollars, exclusive of
costs, to be made to appear to the satisfaction of the court, and the
defendant shall, at the time of entering his appearance in such state court,
file a petition for the removal of the cause for trial, into the next
circuit court, to be held in the district where the suit is pending, and
offer good and sufficient security for his entering in such court, on the
first day of its session, copies of the said process against him, and also
for his then appearing and entering special bail in the cause, if special
bail was originally required therein, it shall then be the duty of the state
court to accept the surety, and proceed no further in the cause. And any
bail that may have been originally taken shall be discharged. And the said
copies being entered as aforesaid in such court of the United States, the
cause shall there proceed in the same manner as if it had been brought there
by original process. And any attachment of the goods or estate of the
defendant, by the original process, shall hold the goods or estate so
attached, to answer the final judgment, in the same manner as by the laws of
such state they would have been holden to answer final judgment, had it been
rendered by the circuit court in which the suit commenced. Vide Act of
September 24, 1789, Sec. 12; 4 Dall. 11; 5 Cranch, 303; 4 Johns. R. 493; 1
Pet. R. 220; 2 Yeates, R. 275; 4 W. C. C. R. 286, 344.
85. By the Constitution, art. 3, Sec. 2, 1, the judicial power shall
extend to controversies between citizens of the same state, claiming lands
under grants of different states.
86. By a clause of the 12th section of the Act of September 24th, 1789,
it is enacted, that, if in any action commenced in a state court, the title
of land be concerned, and the parties are citizens of the same state, and
the matter in dispute exceeds the sum or value of five hundred dollars,
exclusive of costs, the sum or value being made to appear to the
satisfaction of the court, either party, before the trial, shall state to
the court, and make affidavit, if it require it, that he claims, and shall
rely upon a right or title to the land, under grant from a state, other than
that in which the suit is pending, and produce the original grant, or an
exemplification of it, except where the loss of records shall put it out of
his power, and shall move that the adverse party inform the court, whether
he claims a right of title to the land under a grant from the state in which
the suit is pending; the said adverse party shall give such information,
otherwise not be allowed to plead such grant, or give it in evidence upon
the trial; and if he informs that he does claim under any such grant, the
party claiming under the grant first mentioned, may then, on motion, remove
the cause for trial, to the next circuit court to be holden in such
district. But if he is the defendant, he shall do it under the same
regulations, as in the before mentioned case of the removal of a cause into
such court by an alien. And neither party removing the cause shall be
allowed to plead, or give evidence of, any other title than that by him
stated as aforesaid, as the ground of his claim. See 9 Cranch, 292 2 Wheat.
R. 378.
87. Application for removal must be made during the term at which the
defendant enters his appearance. 1 J. J. Marsh. 232. If a state court agree
to consider a petition to remove the cause as filed of the preceding term,
yet if the circuit court see by the record, that it was not filed till a
subsequent term, they will not permit the cause to be docketed. Pet. C.. C.
R. 44 Paine, 410 but see 2 Penning. 625.
88. In chancery, when the defendant wishes to remove the suit, he must
file his petition when he enters his appearance; 4 Johns. Ch. 94; and in an
action in a court of law, at the time of putting in special bail. 12 Johns.
153. And if an alien file his petition when he filed special bail, he is in
time, though the bail be excepted to. 1 Caines, 248; Coleman, 58. A
defendant in ejectment may file his petition. when he is let in to defend. 4
Johns. 493. See Pet. C. C. R. 220; 2 Wash. C. C. R. 463; 2 Yeates, 275, 352;
3 Dall. 467; 4 Wash. C. C. R. 286; 2 Root 444; 5 John. Ch. R. 300 3 Harn.
48; 4 Wash. C. C. R. 84. 3d. Remedy by Mandamus.
89. The power of the circuit Court to issue a mandamus, is confined,
exclusively, to cases in which it may be necessary for the exercise of a
jurisdiction already existing; as, for instance, if the court below refuse
to proceed to judgment, then a mandamus in the nature of a procedendo may
issue. 7 Cranch, 504; 6 Wheat. R. 598. After the state court had refused to
permit the removal of a cause on petition, the circuit court issued a
mandamus to transfer the cause.
4th. Appellate Jurisdiction.
90. The appellate jurisdiction is exercised by means of, 1. Writs of
error. 2 Appeals from the district courts in admiralty and maritime
jurisdiction. 3. Certiorari. 4. Procedendo.
91.-[1.] This court has jurisdiction to issue writs of error to the
district court, on judgments of that court in civil cases at common law.
92. The 11th section of the Act of September 24, 1789, provides, that
the circuit courts shall also have appellate jurisdiction from the district
courts, under the regulations and restrictions thereinafter provided.
93. By the 22d section, final decrees and judgments in civil actions in
a district court, where the matter in dispute exceeds the, sum or value of
fifty dollars, exclusive of costs, may be reexamined, and reversed or
affirmed in a circuit court holden in the same district, upon a writ of
error, whereto shall be annexed and returned therewith at the day and place
therein mentioned, an authenticated transcript of the record and assignment
of errors, and prayer for reversal, with a citation to the adverse party,
signed by the judge of such district court, or a justice of the supreme
court, the adverse party having at least twenty days notice. But there shall
be no reversal on such writ of error, for error in ruling any plea in
abatement, other than a plea to the jurisdiction of the court, or for any
error in fact. And writs of error shall not be brought but within five years
after rendering or passing the judgment or decree complained of; or, in
case the person entitled to such writ of error be an infant, non compos
mentis, or imprisoned, then within five years, as aforesaid, exclusive of
the time of such disability. And every justice or judge signing a citation
or any writ of error as aforesaid, shall take good and sufficient security,
that the plaintiff in error shall prosecute his writ to effect, and answer
all damages and costs, if he fail to make his plea good.
94. The district judge cannot sit in the circuit court on a writ of
error to the district court. 5 Wheat. R. 434.
95. It is observed above, that writs of error may be issued to the
district court in civil cases at common law, but a writ of error does not
lie from a circuit to a district court in an admiralty or maritime cause. 1
Gall. R. 5..
96.-[2.] Appeals from the district to the circuit court take place
generally in civil causes of admiralty or maritime jurisdiction.
97. By the Act of March 3, 1803, Sec. 2, it is enacted, that from all
final judgments or decrees in any of the district courts of the United
States, an appeal where the matter in dispute, exclusive of costs, shall
exceed the sum or value of fifty dollars, shall be allowed to the district
court next to be holden in the district where such final judgment or
judgments, decree or decrees shall be rendered: and the circuit courts are
thereby authorized and required, to hear and determine such appeals.
98.-[3.] Although no act of congress authorizes the circuit court to,
issue a certiorari to the district court for the removal of a cause, yet if
the cause be so removed, and instead of taking advantage of the irregularity
in proper time and in a proper manner, the defendant makes the defence and
pleads to issue, he thereby waives the objection, and the suit will be
considered as an original one in the circuit court, made so by consent of
parties. 2 Wheat. R. 221.
99.-[4.] The circuit court may issue a writ of procedendo to the
district court.
Equity Jurisdiction of the Circuit Courts.
100. Circuit courts are vested with equity jurisdiction in certain cases.
The Act of September, 1789, Sec. 11, gives original cognizance, concurrent
with the courts of the several states, of all suits of a civil nature at
common law or in equity, where the matter in dispute exceeds, exclusive of
costs, the sum or value of five hundred dollars, and the United States are
plaintiffs or petitioners, or an alien is a party, or. the suit is between a
citizen of the state where the suit is brought and a citizen of another
state.
101. The Act of April 15, 1819, Sec. 1, provides, "That the circuit
court of the United States shall. have original cognizance, as well in
equity as at law, of all actions, suits, controversies, and cases arising
under may law of the United States, granting or confirming to authors or
inventors, the exclusive right to their respective writings, inventions, and
discoveries; and upon any bill in equity filed by any party aggrieved, in
such cases, shall have authority to grant injunctions according to the
course and principles of courts of equity, to prevent the violation of the
rights of any authors or inventors, secured to them by any laws of the
United States, on such terms and conditions as the said courts may deem fit
and reasonable:.provided, however, that from all judgments and decrees of
any circuit courts rendered in the premises, a writ of error or appeal as
the case may. require, shall lie to the supreme court of the United States,
in the same manner and under the same circumstances, as is now provided by
law, in other judgments and decrees of such circuit court."
102. By the Act of August 23, 1842, it is enacted, Sec. 5, "That the
district courts, as courts of admiralty, and the circuit courts, as courts
of equity, shall be deemed always open for the purpose of filing libels,
bills, petitions, answers, pleas, and other pleadings, for issuing and
returning mesne and final process and commissions, and for making and
directing all interlocutory motions, orders, rules, and other proceedings
whatever, preparatory to the hearing of all causes pending therein upon
their merits. And it shall be competent for any. judge of the court, upon
reasonable notice to the parties, in the clerk's office or at chambers, and
in vacation as well as in term, to make and direct, and award all such
process, commissions, and interlocutory orders, rules, and other
proceedings, whenever the same are not grantable of course according to the
rules and practice of the court."
(2.) Criminal Jurisdiction of the Circuit Courts.
103. The often cited 11th section of the Act of the 24th of September,
1789, gives the circuit courts exclusive cognizance of all crimes and
offences cognizable under the authority of the United States, except where
that act otherwise provides, or the laws of the United States shall
otherwise direct, and concurrent jurisdiction with the district courts of
the crimes and offences cognizable. therein. The jurisdiction of the circuit
courts in criminal cases is confined to offences committed within the
district for which those courts respectively sit when they are committed on
land. Serg. Const. Law, 129; 1 Gallis. 488.
2. Of the District Courts.
104. In treating of district courts, the same division which was made, in
considering circuit courts, will here be adopted, by taking a view, 1. Of
their organization and, 2. Of their jurisdiction. Sec. 1. Of the
Organization of the District Courts.
105. The United States are divided into districts, in each of which is a
court called a district court, which is to consist of one judge, who is to
reside in the district for which he is appointed, and to hold annually four
sessions. Act of September 24, 1789. By subsequent acts of congress, the
number of annual sessions in particular districts, is sometimes more and
sometimes less; and they are to be held at various places in the district.
There is also a district court in the District of Columbia, held by the
chief justice of the circuit court of that district. Sec. 2. Jurisdiction of
the District Courts.
106. Their jurisdiction is either civil or criminal.
107.-(1.) Their civil jurisdiction extends, 1. To admiralty and
maritime causes: the admiralty and maritime jurisdiction, is either the
ordinary jurisdiction, which comprehends prize suits; cases of salvage
actions for torts; and actions on contracts, such. as seamen's wages,
pilotage, bottomry, ransom, materials, and the like; or the extraordinary or
expressly vested jurisdiction, which includes cases of seizures under the
revenue laws, &c.; and captures within the jurisdiction of the United
States.
108.-2. To cases of seizure on land under the laws of the United States,
and in suits for penalties and forfeitures, incurred under the laws of the
United States.
109.-3. To cases in which an alien sues for a tort, in violation of the
laws of nations, or a treaty of the United States.
110.-4. To suits instituted by the United States.
111.-5. To actions by and against consuls.
112.-6. To certain cases in equity.
113.-1. The admiralty and maritime jurisdiction of the district court
is ordinary or extraordinary.
114.-1st. The ordinary jurisdiction is granted by the Act of September
24th, 1789, It is there enacted, that the district court shall have
exclusive original cognizance of all civil causes of admiralty and maritime
jurisdiction. This jurisdiction is exclusive. Bee, 19; 3 Dall. 16; Paine,
111; 4 Mason, 139.
115. This ordinary jurisdiction is exercised in,
116.-1. Prize suits. The Act of September 24, 1789, Sec. 9, vests in
the district courts as full jurisdiction of all prize causes as the
admiralty of England; and this jurisdiction is an ordinary inherent branch
of the powers of the court of admiralty, whether considered as prize courts
or instance courts, 3 Dall. 16; Paine, 111.
117. The act of congress marks out not only the general jurisdiction of
the district courts, but also that of the several courts in relation to each
other, in cases of seizure on the waters of the United States, navigable,
&c. When the seizure is made within the waters of one district, the court of
that district has exclusive, jurisdiction, though the offence may have been
committed out of the district. When the seizure is made on the high seas,
the jurisdiction is in the court of the district where the property may be
brought. 9 Wheat. 402; 6 Cranch; 281; 1 Mason, 360; Paine, 40.
118. When the seizure has been made within the waters of a foreign
nation, the district court has jurisdiction, when the property has been
brought into the district, and a prosecution has been instituted there. 9
Wheat. 402; 9 Cranch. 102.
119. The district court has jurisdiction of seizures, and of the question
of who is entitled to their proceeds, as informers or otherwise; and the
principal jurisdiction is exclusive; the question, as to who is the
informer, is also exclusive. 4 Mason, 139.
120.-(2.) Cases of salvage. Under the constitution and laws of the
United States, this court has exclusive original cognizance in cases of
salvage; and, as a consequence, it has the power to determine to whom the
residue of the property belongs, after deducting the salvage. 3 Dall. 183.
121.-(3.) Actions arising out of tort's and injuries. The district
court has jurisdiction over all torts and injuries committed on the high
seas, and in ports or harbors within the ebb and flow of the tide. Vide 1
Wheat. R. 304; 2 Gall. R. 389; 1 Mason, 96; 3 Mason., 242; 4 Mason, 380; 18
Johns. R. 257.
122. A court of admiralty has jurisdiction to redress personal wrongs
committed on a passenger, on the high seas, by the master of a vessel,
whether those wrongs be by direct force or consequential injuries. 3 Mason,
242.
123. The admiralty may decree damages for an unlawful capture of an
American vessel by a French privateer, and may proceed by attachment in ?
em. Bee, 60.
124. It has jurisdiction in cases of maritime torts, in personam as well
as in rem. 10 Wheat. 473,
125. This court has also jurisdiction of petitory suits to reinstate
owners of vessels who have been displaced from their possession. 5 Mason,
465. It exercises jurisdiction of all torts and injuries committed on the
high seas, and in ports or harbors within the flow or ebb of the tide. 2
Gallis. 398; Bee, 51.
126. A father, whose minor son has been tortiously abducted and seduced
on a voyage on the high seas, may sue, in the admiralty, in the nature of an
action per quod, &c., also for wages earned by such son in maritime service.
4 Mason, 380.
127.-(4.) Suits on contracts. As a court of admiralty, the district
court has a jurisdiction, concurrent with the courts of common law, over all
maritime contracts, wheresoever the same may be made or executed, or
whatsoever be the form of the contract. 2 Gallis. 398. It may enforce the
performance of charter parties for foreign voyages, and by proceeding in
rem, a lien for freight under them. 1 Sumn. 551; 2 Sumn. 589. It has
jurisdiction over contracts for the hire of seamen, when the service is
substantially performed on the sea, or on waters within the flow and reflow
of the tide 10 Wheat. 428; 7 Pet. 324; Bee, 199; Gilp. 529. But unless the
services are essentially maritime, the jurisdiction does not attach. 10
Wheat. 428; Gilp. 529.
128. The master of a vessel may sue in the admiralty, for his wages; and
the mate, who on his death succeeds him, has the same right. 1 Sumn. 157; 9
Mason, 161; 4 Mason, 196. But when the services for which he sues have not
been performed by him as master, they cannot be sued for in admiralty. 3
Mason, 161.
129. The jurisdiction of the admiralty attaches when the services are
performed on a ship in port where the tide ebbs and flows. 7 Pet. 324; Gilp.
529.
130. Seamen, employed on board of steamboats and lighters engaged in
trade or commerce on tide-water, are within the admiralty jurisdiction. But
those in ferryboats are not so. Gilp. 532 Gilp. 203.
131. Wages may be recovered in the admiralty by the pilot, deck-hands,
engineer, and firemen, on board of a steamboat. Gilp. 505.
132. But unless the service of those employed contribute in navigating
the vessel, or to its preservation, they cannot sue for their wages in the
admiralty; musicians on board of a vessel, who are hired and employed as
such, cannot therefore enforce a payment of their wages by a suit in rem in
the admiralty. Gilp. 516.
133.-2d. The extraordinary jurisdiction of the district court, as a
court of admiralty, or that which is vested by various acts of congress,
consists of:
(1.) Seizures under the laws of imposts, navigation, or trade of the
United States. It is enacted, by the Act of September 24, 1789, Sec. 9, that
the district court shall have exclusive original cognizance of all civil
causes of admiralty and maritime jurisdiction, including all seizures under
laws of impost, navigation, or trade of the United States, when the seizures
are made on waters which are navigable from the sea, by vessels of ten or
more tons burden, within their respective districts, as well as upon the
high seas; saving to suitors, in all cases, the right of a common law
remedy, when the common law is competent to give it.
134. Causes of this kind are to be tried by the district court, and not
by a jury. 4 Cranch, 438; 5 Cranch, 281; 1 Wheat. 9, 20: 7 Cranch, 112; 3
Dall. 297.
135. It is the place of seizure, and not the committing of the offence,
that, under the Act of September 24, 1789, gives jurisdiction to the court;
4 Cranch, 443 5 Cranch, 304; for until there has been a seizure, the forum
cannot be ascertained. 9 Cranch, 289.
136. When the seizure has been voluntarily abandoned, it loses its
validity, and no jurisdiction attaches to any court, unless there be a new
seizure. 10 Wheat. 325 1 Mason, 361.
137.-(2.) The. admiralty jurisdiction, expressly vested in the district
court, embraces, also, captures made within the jurisdictional limits of the
United States. By the Act of April. 20, 1818, Sec. 7, the district court
shall take cognizance of complaints, by whomsoever instituted, in cases of
captures made within the waters of the United States, or within a marine
league of the coasts and shores thereof.
138.-2. The civil jurisdiction of the district court extends to cases
of seizure on land, under the laws of the United States, and in suits for
penalties and forfeitures incurred under the laws of the United States.
139. The Act of September 24, 1789, Sec. 9, gives to the district court
exclusive original cognizance of all seizures made on land, and other waters
than as aforesaid, (that is, those which are navigable by vessels of ton or
more tons burden, within their respective districts, or on the high seas,)
and of all suits for penalties and forfeitures incurred under the laws of
the United States.
140. In all cases of seizure on land, the district court sits as a court
of common law, and its jurisdiction is entirely distinct from that exercised
in case of seizure on waters navigable by vessels of ten tons burden and
upwards. 8 Wheat. 395.
141. Seizures of this kind are triable by jury; they are not cases of
admiralty and maritime jurisdiction. 4 Cranch, 443.
142.-3. The civil jurisdiction of the district court extends also to
cases in which an alien sues for a tort, in violation of the law of nations,
or a treaty of tho United States.
143. The Act of September 24, 1789, Sec. 9, directs that the district
court shall have cognizance, concurrent with the courts of the several
states, or the circuit courts, as the case may be, of all causes where an
alien sues for a tort only, in violation of the law of nations, or of a
treaty of the United States.
144.-4. The civil jurisdiction of this court extends further to suits
instituted by the United States. By the 9th section of the Act of September
24, 1789, the district court shall also have cognizance, concurrent as last
mentioned, of all suits at common law, where the United States sue, and the
matter in dispute amounts, exclusive of costs, to the sum or value of one
hundred dollars. And by the Act of March 3; 1815, Sec. 4, it has cognizance,
concurrent with the courts and magistrates of the several states, and the
circuit courts of the United States, of all suits at common law where the
United States, or any officer thereof, under the authority of any act of
congress sue, although the debt, claim, or other matter in dispute, shall
not amount to one hundred dollars.
145. These last words do not confine the jurisdiction given by this act
to one hundred dollars, but prevent it from stopping at that sum: and
consequently, suits for sums over one hundred dollars are cognizable in the
district, circuit, and state courts, and before magistrates, in the cases
here mentioned. By virtue of this act, these tribunals have jurisdiction
over suits brought by the postmaster-general, for debts and balances due the
general post office. 12 Wheat. 147; 2 Pet. 447; 1 Pet. 318.
146.-5. This court has jurisdiction of actions by and against consuls or
vice-consuls, exclusively of the courts of the several states, except for
offences where other punishment than whipping, not exceeding thirty stripes,
a fine not exceeding one hundred dollars, or a term of imprisonment not
exceeding six months, is inflicted.
147. For offences above this description formerly the circuit court only
had jurisdiction in cases of consuls. 5 S. & R. 545; 2 Dall. 299. But by the
Act of August 23, 1842, the district courts shall have concurrent
jurisdiction with the circuit courts of all crimes and offences against the
United States, the punishment of which is not capital. And by the, Act of
February 28, 1839, Sec. 5, the punishment of whipping is abolished. See also
the Act of 28th Sept. 1850, making appropriations for the naval service, &c.
148.-6. The jurisdiction of the district court under the bankrupt laws
will be found under the title Bankrupt.
149.-7. The district courts have equitable jurisdiction in certain
cases.
150. By the first section of the Act of February 13, 1807, the judges of
the district courts of the United States shall have as full power to grant
writs of injunctions, to operate within their respective districts, as is
now exercised by any of the judges of the supreme court of the United
States. under the same rules, regulations, and restrictions, as are
prescribed by the several acts of congress establishing the judiciary of the
United States, any law to the contrary notwithstanding. Provided, that the
same shall not, unless so ordered by the circuit court, continue longer than
to the circuit then next ensuing; nor shall an injunction be issued by a
district judge in any case, where the party has had a reasonable time to
apply to the circuit court for the writ.
151. An injunction may be issued by the district judge under the Act of
March 3, 1820, SSSS 4, 5, where proceedings have taken place by warrant and
distress against a debtor to the United States or his sureties, subject by
Sec. 6, to appeal to the circuit court from the decision of such district
judge in refusing or dissolving the injunction, if such appeal be allowed by
a justice of the supreme court. On which, with an exception as to the
necessity of an answer on the part of the United States, the proceedings are
to be as in other cases.
152. The Act of September 24, 1789, Sec. 14, vests in the judges of the
district courts, power to grant writs of habeas corpus, for the purpose of
an inquiry into the cause of commitment.
153. Other acts give them power to issue writs, make rules, take
depositions, &c. The acts of congress already treated of relating to the
privilege of not being sued out of the district of which the defendant is an
inhabitant, or in which he is found, restricting suits by assignees, and
various others, apply to the district court as well as to the circuit court.
154. By the 9th section of the Act of September 24, 1789, the trial of
issues in fact in the district courts, in all causes except civil causes of
admiralty and maritime jurisdiction, shall be by jury. Serg. Const. Law,
226, 227.
(2.) The criminal jurisdiction of the district court.
155. By the Act of August 23, 1842, Sec. 3, it is enacted that the
district courts of the United States shall have concurrent jurisdiction with
the circuit courts, of all crimes and offences against the United States,
the punishment of which is not capital.
156. There is a class of district courts of a peculiar description. These
exercise the power of a circuit court, under the same regulations as they
were formerly exercised by the district court of Kentucky, which was the
first of the kind.
157. The Act of September 24, 1789, Sec. 10, gives the district court of
the Kentucky district, besides the usual jurisdiction of a district court,
the jurisdiction of all causes, except of appeals and writs of error,
thereinafter made cognizable in a circuit court, and writs of error and
appeals were to lie from decisions therein to the supreme court, and under
the, same regulations. By the 12th section, authority was given to remove
cases from a state court to such court, in the same manner as to a circuit
court.
3. The territorial courts.
158. The act to establish the territorial government of Oregon, approved
August 14, 1848, establishes the judicial power of the said territory as
follows: Sec. 9. The judicial power of said territory shall be vested in a
supreme court, district courts, probate courts, and in justices of the
peace. The supreme court shall consist of a chief justice and two associate
justices, any two of whom shall constitute a quorum, and who shall hold a
term at the seat of government of said territory annually; and they shall
hold their offices during the period of four years, and until their
successors shall be appointed and qualified. The said territory shall be
divided into three judicial districts, and a district court shall be held in
each of said districts by one of the just of the supreme court, at such
times and places as may be prescribed by law; and the said judges shall
after their appointments, respectively, reside in the districts which shall
be assigned them The jurisdiction of the several courts herein provided for,
both appellate and original, and that of the probate courts and of justices
of the peace, shall be as limited by law: Provided, That justices of the
peace shall not have jurisdiction of any case in which the title to land
shall in anywise come in question, or where the debt or damages claimed
shall exceed one hundred dollars; and the said supreme and district courts,
respectively, shall possess chancery, as well as common law, jurisdiction.
Each district court, or the judge thereof, shall appoint its clerk, who
shall also be the register in chancery, and shall keep his office at the
place where the court may be held. Writs of error, bills of exception, and
appeals, shall be allowed in all cases from the final decisions of said
district courts to the supreme court, under such regulations as may be
prescribed by law; but in no case removed to the supreme court shall trial
by jury be allowed in said court. The supreme court, or the justices
thereof, shall appoint its own clerk, and every clerk shall hold his office
at the pleasure of the court for which he shall have been appointed. Writs
of error and appeals from the final decisions of the said supreme court
shall be allowed, and way be taken to the supreme court of the United
States, in the same manner, and under the same regulations, as from the
circuit courts of the United States, where the value of the property, or the
amount in controversy, to be ascertained by the oath or affirmation of
either party, or other competent witness, shall exceed two thousand dollars;
and in all cases where the constitution of the United States, or acts of
congress, or a treaty of the United States, is brought in question; and each
of the said district courts shall have and exercise the same jurisdiction in
all cases arising under the constitution of the United States, and the laws
of said territory, as is vested in the circuit and district courts of the
United States writs of error and appeal in all such cases shall be made to
the supreme court of said territory, the same as in other cases. Writs of
error and, appeals from the final decisions of said supreme court shall be
allowed, and may be taken to the supreme court of the United States, in the
same manner as from the circuit courts of the United States, where the value
of the property, or the amount in controversy, shall exceed two thousand
dollars; and each of said district courts shall have and exercise the same
jurisdiction in all cases arising under the constitution and laws of the
United States, as is vested in the circuit and district courts of the United
States, and also of all cases arising under the laws of the said territory,
and otherwise. The said clerk shall receive, in all such cases, the same
fees which the clerks of the district courts of the late Wisconsin Territory
received for similar services.
159.-10. There shall be appointed an attorney for said territory, who
shall continue in office for four years, and until his successor shall be
appointed and qualified, unless sooner removed by the president, and who
shall receive the same fees and salary as were provided by law for the
attorney of the United States for the late territory of Wisconsin. There
shall also be a marshal for the territory appointed, who shall hold his
office for four years, and until his successor shall be appointed and
qualified, 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 regulation and penalties, and be entitled to
the same fees, as were provided by law for the marshal of the district court
of the United States, for the present [late] territory of Wisconsin; and
shall, in addition, be paid two hundred dollars annually as a compensation
for extra services.
160. The act to establish a territorial government for Utah, approved
September 9, 1850, contains the following provisions relative to this
subject. They are the same in most respects with the preceding. Section 9 of
this act provides, "That the judicial power of said territory shall be
vested in a supreme court, district courts, probate courts, and in justices
of the peace. The supreme court shall consist of a chief justice and two
associate justices, any two of whom shall constitute a quorum, and who shall
hold a term at the seat of government of said territory annually, and they
shall hold their offices during the period of four years. The said territory
shall be divided into three judicial districts, and a district court shall
be held in each of said districts by one of the justices of the supreme
court, at such time and place as may be prescribed by law; and the said
judges shall, after their appointments, respectively, reside in the
districts which shall be assigned them. The jurisdiction of the several
courts herein provided for, both appellate and original, and that of the
probate courts and of justices of the peace, shall be as limited by law:
Provided, That justices of the peace shall not have jurisdiction of any
matter in controversy when the title or boundaries of land may be in
dispute, or where the debt or sum claimed shall exceed one hundred dollars;
and the said supreme and district courts, respectively, shall possess
chancery as well as common law jurisdiction. Each district court, or the
judge thereof, shall appoint its clerk, who shall also be the register in
chancery, and shall keep his office at the place where the court may be
held. Writs of error, bills of exception, and appeals shall be allowed in
all cases from the final decisions of said district courts to the supreme
court, under such regulations as may be prescribed by law; but in no case
removed to the supreme court shall trial by jury be allowed in said court.
The supreme court, or the justices thereof, shall appoint its own clerk, and
every clerk shall hold his office at the pleasure of the court for which be
shall have been appointed. Writs of error, and appeals from the final
decisions of said supreme court, shall be allowed, and may be taken to the
supreme court of the United States, in the same manner and under the same
regulations as from the circuit courts of the United States, where the value
of the property or the amount in controversy, to be ascertained by the oath
or affirmation of either party, or other competent witness, shall exceed two
thousand dollars, except only that, in all, cases involving title to slaves,
the said writs of error or appeals shall be allowed and decided by the said
supreme court, without regard to the value of the matter, property, or title
in controversy; and except, also, that a writ of error or appeal shall also
be allowed to the supreme court of the United States, from the decisions of
the said supreme court created by this act, or of any judge thereof, or of
the district courts created by this act, or of any judge thereof, upon any
writ of habeas corpus involving the question of personal freedom: and each
of the said district courts shall have and exercise the same jurisdiction in
all cases arising under the constitution and laws of the United States as is
vested in the circuit and district courts of the United States; and the said
supreme and district courts of the said territory, and the respective judges
thereof, shall and may grant writs of habeas corpus in all cases in which
the same are granted by the judges of the United States in the District of
Columbia; and the first six days of every term of said courts, or so much
thereof as shall be necessary, shall be appropriated to the trial of causes
arising under the said constitution and laws; and writs of error and appeal,
in all such cases, shall be made to the supreme court of said territory, the
same as in other cases. The said clerk shall receive in all such cases the
same fees which the clerks of the district courts of Oregon territory now
receive for similar services.
161. "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 regulation and penalties, and be entitled to the same
fees as the marshall 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."
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ECCLESIASTICAL COURTS
(bouvier) | ECCLESIASTICAL COURTS. English law. Courts held by the king's authority as
supreme governor of the church, for matters which chiefly concern religion.
2. There are ten courts which may be ranged under this class. 1. The
Archdeacon's Court. 2. The Consistory Court. 3. The Court of Arches. 4. The
Court of Peculiars. 5. The Prerogative Court. 6. The Court of Delegates,
which is the great court of appeals in all ecclesiastical causes. 7. The
Court of Convocation. 8. The Court of Audience. 9. The Court of Faculties.
10. The Court of Commissioners of Review.
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