Band 
Vol. IV.
Seite
46
JPEG-Download
 

46

EIGHTEENTH CONGRESS . Sess. I. Ch. 163. 1824.

Act of March2, 1793, ch. 22.

The first sixdays of eachterm to be ap-propriated tothe trial ofcauses arisingunder the lawsand constitutionof the UnitedStates .

Records to bekept at theplaces wherethe courts areheld.

Persons learn-ed in. the law tobe appointed toact as attorneys,and to receivethe same salary,each, as the at-torney for thedistrict of Ken-tucky .

A marshal tobe appointed foreach court.

Each judge toreceive 1500 dol-lars per annum.

A court of ap-peal to be or-ganized andcomposed of thejudges of thesuperior court.

Senior judgeto preside.

Court may beadjourned, byany one of itsjudges beingpresent, fromday to day, un-til a quorum beconvened.

So much ofthe act of whichthis is amenda-tory, as requhesthe legislativecouncil to com-mence its ses-sions on the firstMonday in May/repealed.

vested in the court of the Kentucky district. The first six days of each termof the said courts, or so much thereof as may be necessary, shall be ap-propriated to the trial of causes arising under the laws and Constitutionof the United States . And writs of error and appeal from the decisionsin the said superior courts, authorized by this section of this act, shall bemade to the appellate court of said territory, in such manner, and undersuch regulations, as the legislative council shall direct. The clerks, re-spectively, shall keep the records at the places where the courts are held,and no one clerk shall, by himself or deputy, officiate at more than oneplace for holding said courts: they shall receive, in all cases under thelaws and Constitution of the United States , the same fees which theclerks of the district court of the next adjoining state receives [receive]for similar services.

Sec. 3. And be it further enacted, That there shall be appointed, foreach of the said courts, a person, learned in the law, to act as attorneysof the United States , as well as for the territory, each of whom shall re-ceive the same fees, both in civil and criminal cases, as are received bythe district attorneys of the United States , of the next adjoining state, forsimilar services; and shall, moreover, receive, as a full compensation forall extra services, annually, the same salary, as is provided, by law, forthe district attorney of the district of Kentucky , to be paid, quarterly, bythe treasury of the United States . There shall, also, be appointed, foreach of the said courts, a marshal, who shall perform the same duties, besubject to the same regulations and penalties, and be entitled to the samefees, to which marshals, in other districts are entitled for similar services ;and shall, in addition, be paid the sum of two hundred dollars annually,as a compensation for extra services ; and shall, also, be subject to suchregulations and penalties as the legislative council shall impose, whileacting under, and in virtue of, the territorial laws. Each judge shall re-ceive a salary of fifteen hundred dollars per annum, to be paid, quarterly,by the treasury of the United States .

Sec. 4. And be it further enacted, That there shall be organized insaid territory a court of appeals, to be composed of the judges of the su-perior courts of said territory, any two of whom shall be a quorum, andshall hold, annually, at the seat of government of said territory, one ses-sion, commencing on the first Monday in January, in each and every year.The senior judge shall be the presiding judge of said court, and the otherjudges shall have precedence according to the date of their commissions,or where their commissions are of the same date, according to their re-spective ages. That the said court may by any one of its judges beingpresent,be adjourned, from day to day,until a quorum be convened; andif no one of its judges be present, by the marshal of said court, until 'a quorum be convened; and the district attorney, marshal, and clerk, ofthe superior court, of the middle district,- shall be officers of the said courtof appeals; and writs of error and appeal from the decision of the saidcourt shall be made to the Supreme Court of the United States , in thesame manner, and under the same regulations, as from the circuit courtsof the United States , where the amount in controversy, to be ascertained bythe oath or affirmation of either party, shall exceed one thousand dollars.

Sec. 5. And be it further enacted, That so much of the act, of whichthis is an amendment, as requires the legislative council of said territoryto commence its sessions on the first Monday in May, in each and everyyear, be, and the same is hereby, repealed; and the said legislative councilshall, hereafter, hold a session in every year commencing on the secondMonday in November, in each and every year, but shall not continuelonger in session than four weeks after the first session, which shall notcontinue longer than eight weeks; to be held at the seat of governmentin said territory, or at such other place or places as the governor andcouncil may,, from time to time, direct.