and the feffions of the faid court in the Sellions. court. Seffions. In the third circuit, the faid circuit court Third circuit fhall confift of the juftice of the fupreme court refiding within the faid circuit, and the district judge of the district where fuch court fhall be holden: and the feffions of the faid court, in the diftrict of New Jersey, fhall commence on the first day of April, and the first day of October, annually: In the district of Pennsylvania, on the eleventh day of April, and the eleventh day of October, annually. court: In the fourth circuit, the faid circuit court Fourth circuit fhall confift of the juftice of the fupreme court refiding within the faid circuit, and the district judge of the diftrict where fuch court fhall be holden; and the feffions of Seffions. the faid court in the diftrict of Delaware, fhall commence on the third day of June, and the twenty-feventh day of October, annually; In the district of Maryland, on the first day of May, and the feventh day of November, annually; to be holden hereafter at the city of Baltimore only. In the fifth circuit, the circuit court fhall Fifth circuit confift of the present chief justice of the court fupreme court and the diftrict judge of the diftrict where fuch court fhall be holden, and the feffions of the faid court in the dif Seffions. Sixth circuit court. Seffions. Columbia. Savannah. Louifville. Provifions if the judges do not attend : trict of Virginia, fhall commence on the twenty-fecond day of May, and the twentyfecond day of November, annually: In the district of North Carolina, on the fifteenth day of June, and the twenty-ninth day of December, annually. In the fixth circuit, the faid circuit court fhall confift of the junior affociate justice of the fupreme court in the fifth circuit, and the district judge of the diftrict where fuch court fhall be holden; and the feffions of the faid court in the diftri&t of South CaroAt Charleston. lina fhall commence at Charleston on the twentieth day of May, and at Columbia on the thirteith day of November, annually: In the district of Georgia, on the fixth day of May at Savannah, and on the fourteenth day of December hereafter at Louisville, annually: Provided, That when only one of the judges hereby directed to hold the circuit courts, fhall attend, fuch circuit court may be held by the judge fo attending; and that when any of the faid days fhall happen on a Sunday, then the faid court hereby directed to be holden on fuch day, fhall be holden on the next day thereafter, and the circuit courts conftituted by this act, fhall be held at the fame place or places in each district of every circuit, as by law they were refpectively required to be held previous to the thirteenth day of February, one thoufand eight hundred and one, excepting as is herein before directed. And none of the faid courts fhall be holden until after the first day of July next, and the clerk Clerks of cir- of each district court fhall be alfo clerk of Clerks of dif trict to be cuit courts. the circuit court in such district, except as With an is herein after excepted. exception. Juftices of the fupreine court felves among to allot them the circuits: Allotment to be entered on record. fident may Allotment to Sec. 5. And be it further enacted, That on every appointment which fhall be hereafter made of a chief juftice or affociate juftice, the faid chief justice and affociate juftices fhall allot themselves among the aforefaid circuits as they fhall think fit, and fhall enter fuch allotment on record. And in cafe no fuch allotment fhall be made by if they fail to them at their feffion next fucceeding fuch do it, the Pres appointment, and alfo, after the appoitment make the alof any judge, as aforefaid, and before lotment. any allotment fhall have been made, it shall and may be lawful for the Prefident of the United States to make fuch allotment as he fhall deem proper, which allotment made in either cafe, fhall be binding until another allotment fhall be made; and the circuit courts conftituted by this act, fhall have all the power, authority and jurifdiction within the feveral diftricts of their efpective circuits that before the thirteenth day of February, one thoufand eight hundred and one, belonged to the circuit courts of the United States, and in all cafes which by appeal or writ of error, are, or fhall be removed from diftrict to a circuit court, judgment shall be rendered in conformity to the opinion of the judge of the fupreme court prefiding in fuch circuit court. a be binding un til another is made. Powers courts. of the circu In writs, errow opinion of the juftice of the fupreme court to prevail. and appeal, the judges of the Sec. 6. And be it further enacted, That In cafe of difawhenever any queftion fhall occur before a greemeat in o circuit court, upon which the opinions of pinion of the the judges fhall be oppofed, the point upon circuit court which the difagreement fhall happen, fhall, M preme court that of the fu- during the fame term, upon the request of upon the point either party, or their counfe!, be ftated untated to be der the direction of the judges, and certified conclufive. remitted to the effect. under the feal of the court, to the fupreme court, at their next feffion to be held thereafter; and fhall, by the faid court, be finally Decifion of the decided. And the decifion of the fupreme fupreme to be court, and their order in the premises, fhall circuit Court be remitted to the circuit court, and be there and to be of entered of record, and fhall have effect according to the nature of the faid judgment and order: Provided, That nothing herein contained fhall prevent the cause from proceeding, if, in the opinion of the court, farImprisonment, ther proceedings can be had, without preinflicted when judice to the merits: And provided alfo, the court is di- that imprisonment fhall not be allowed, nor punishment in any cafe be inflicted, where the judges of the faid court are divided in opinion upon the queftion touching the faid imprisonment or punishment. &c. not to be vided. NorthCarolina Sec. 7. And be it further enacted, That diftrict divided the diftrict of North Carolina fhall be divid into three dif- ed into three diftricts, one to confift of all How and the that part thereof which by the laws of the names of the ftate of North Carolina, now forms the dif tricts. new diarias. tricts of Edenton and Halifax, which dif trict fhall be called the diftrict of Albemarle, and a district court in and for the fame fhall be holden at Edenton by the dif trict judge of North Carolina, on the third Tuesday in April, on the third Tuesday in Auguft, and on the third Tuefday in December, in each, and every year; one other to be called the diftrict of Pamptico, and to confift of all that part of North Carolina which by the laws of the faid ftate now forms the diftricts of Newbern and Hillsborough, together with all that part of the dif trict of Wilmington which lies to the northward and eastward of new river; for which diftrict of Pamptico, a district court shall be holden at Newbern by the diftrict judge laft aforefaid on the fecond Tuesday in April, on the fecond Tuesday in August, and on the fecond Tuesday in December in each and every year; and one other to confift of the remaining part of the said diftrict of North-Carolina, and to be called the diftrict of Cape Fear, in and for which a diftrict court fhall be holden at Wilmington by the diftrict judge laft aforefaid, on the firft Tuesday in April, on the first Tuesday in Auguft, and on the firft Tuesday in December, in each and every year; which faid diftrict courts hereby directed to be holden fhall respectively have and exercife within their feveral diftricts, the fame powers, authority and jurisdiction, which are vested by law in the district courts of the United States. diftrict courts point their Sec. 8. And be it further enacted, That Circuit and the circuit court and diftrict courts for the for North Ca district of North Carolina fhall appoint rolina to apclerks for the faid courts refpectively, clerks: which clerks fhall refide and keep the records of the faid courts at the places of all refide and holding the courts whereto they fhall re- keep their refpectively belong, and fhall perform the Their duties, fame duties and be entitled to and receive fees and emothe fame emoluments and fees, respectively, which are by law established for the clerks cords: luments. |