TWENTY-SEVENTH CONGRESS. Sess. II. Ch. 188. 1842.

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United States to take acknowledgments of bail and affidavits, and alsoto take depositions of witnesses in civil causes, shall and may exerciseall the powers that any justice of the peace, or other magistrate, of anyof the United States may now exercise in respect to offenders for anycrime or offence against the United States , by arresting, imprisoning,or bailing the same, under and by virtue of the thirty-third section ofthe act of the twenty-fourth of September, Anno Domini seventeen hun-dred and'eighty-nine, entitled, “An act to establish the judicial courtsof the United States ;” and who shall and may exercise all the powersthat any judge or justice of the peace may exercise under and in virtueof the sixth section of the act passed the twentieth of July, Anno Do-mini seventeen hundred and ninety, entitled “ An act for the govern-ment and regulation of seamen in the merchant service.”

Sec. 2. And be it further enacted, That in all hearings before anyjustice or judge of the United States , or any commissioner appointedas aforesaid, under and in virtue of the said thirty-third section of theact entitled “ An act to establish the judicial courts of the UnitedStates, ” it shall be lawful for such justice, judge, or commissioner,where the crime or offence is charged to have been committed on thehigh seas or elsewhere within the admiralty and maritime jurisdictionof the United States , in his discretion to require a recognizance of anywitness produced in behalf of the accused, with such surety or suretiesas he may judge necessary, as well as in behalf of the United States ,for their appearing and giving testimony, at the trial of the cause, whosetestimony, in his opinion, is important for the purposes of justice at thetrial of the cause, and is in danger of being otherwise lost; and suchwitnesses shall be entitled to receive from the United States the usualcompensation allowed to Government witnesses for their detention andattendance, if they shall appear and be ready to give testimony at thetrial.

Sec. 3. And be it further enacted, That the district courts of theUnited States shall have concurrent jurisdiction with the circuit courtsof all crimes and offences against the United States , the punishment ofwhich is not capital. And in such of the districts where the businessof the court may require it to be done for the purposes of justice, andto prevent undue expenses and delays in the trial of criminal causes,the said district courts shall hold monthly adjournments of the regularterms thereof for the trial and hearing of such causes.

Sec. 4. And be it further enacted, That, in lieu of the punishmentnow prescribed by the sixteenth section of the act of Congress , entitled,“ An act for the punishment of certain crimes against the United States, ”passed on the thirtieth day of April, Anno Domini one thousand sevenhundred and ninety, for the offences in the said section mentioned, thepunishment of the offender, upon conviction thereof, shall be by finenot exceeding one thousand dollars, or by imprisonment not exceedingone year, or by both, according to the nature and aggravation of theoffence.

Sec. 5. Andbe it further enacted, That the district courts as courtsof admiralty, and the circuit courts as courts of equity, shall be deem-ed always open for the purpose of filing libels, bills, petitions, answers,pleas, and other pleadings, for issuing and returning mesne and finalprocess and commissions, and for making and directing all interlocutorymotions, orders, rules, and other proceedings whatever, preparatory tothe hearing of all causes pending therein upon their merits. And itshall be competent for any judge of the court, upon reasonable noticeto the parties, in the clerk’s office or at chambers, and in vacation aswell as in term, to make and direct, and award all such process, com-missions and interlocutory orders, rules, and other proceedings, when-

to take bail,&c.may exercisethe powers of ajustice of thepeace in certaincases.

1789, ch. 20.

Act of July 20,1790, ch. 29.

Justice, &c.may require de-fendants’ wit-nesses to giverecognizancefor their appear-ance to testily.

District courtsto have concur-rent jurisdictionwith the circuitcourts of all of-fences not capi-tal.

Adjournments.

Punishmentprescribed by16th section ofact of April 30,1790, ch. 9,changed.

District andcircuit courts tobe always openfor the purposeof filing libels,bills, &c.

Any judgemay direct andaward such pro-cesses.