Page:United States Statutes at Large Volume 4.djvu/108

This page has been proofread, but needs to be validated.

EIGHTEENTH CONGRESS.⁠Sess. I. Ch. 181.⁠1824.

For placing buoys on certain shoals at the mouth of Kennebeck River, in the state of Maine, one hundred and sixty dollars.

For placing buoys on shoals in Buzzard’s Bay, and at or near the mouth of Aponeganset River, in the state of Massachusetts, one hundred and sixty dollars.

For placing buoys on Long Island Sound, near to Cornfield Point, and in Guildford Bay, one hundred and sixty dollars.

For placing a buoy at the mouth of Scuppernong River, in Albemarle Sound, in the state of North Carolina, forty dollars.

For placing a beacon on Castle Island, and five buoys near Bristol Ferry, five hundred dollars.

For a pier and three buoys at the mouth of Saco River, and a pier at the mouth of Well’s Harbour, ten thousand dollars — five thousand dollars to each of those places.

Salaries to be allowed to the keepers of light vessels.Sec. 3. And be it further enacted, That the following annual salaries be allowed and paid to the keepers of light vessels, to wit:

To the keeper of the Sandy Hook light vessel, seven hundred dollars; and for a mate, three hundred and fifty dollars.

To the keeper of the Smith’s Point light vessel, in the Chesapeake Bay, five hundred dollars.

To the keeper of the Wolf Trap light vessel, in the same bay, five hundred dollars.

To the keeper of the Willoughby Spit light vessel, in the same bay, five hundred dollars.

To the keeper of the Craney Island light vessel, four hundred and fifty dollars.

To the keeper of the light vessel to be placed at or near the shoals of Cape Hatteras, seven hundred dollars; and for a mate, three hundred and fifty dollars.

500 dollars appropriated to erect a lighthouse at the mouth of the river Teche, Louisiana.Sec. 4. And be it further enacted, That the President of the United States be, and he is, authorized and requested to cause a proper site, at or near the mouth of river Teche, in Louisiana, to be selected for a lighthouse, and proper places designated for placing buoys near the same. [That,] to enable the President to accomplish these objects, a sum of money, not exceeding five hundred dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated.

Approved, May 26, 1824.

Statute Ⅰ.

May 26, 1824.

Chap. CLXXXI.—An Act to regulate the mode of practice in the courts of the United States, for the district of Louisiana.^[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the mode of proceed-

↑ Decisions of the Supreme Court as to the practice and principles regulating the proceedings of the courts of law, which prevail in the Federal courts of Louisiana.
As, by the laws of Louisiana, questions of fact in civil cases are tried by the court, unless either of the parties demand a jury, in an action of debt on a judgment, the interest on the original judgment may be computed, and make part of the judgment in Louisiana, without a writ of inquiry, and the intervention of a jury.Mayhew v. Thatcher, 6 Wheat. 129; 5 Cond. Rep. 34.
By the provisions of the acts of Congress, Louisiana, when she came into the Union, had organized therein a district court of the United States, having the same jurisdiction, except as to appeals and writs of error, as the circuit courts of the United States in other states; and the modes of proceeding in that court were required to be according to the principles, rules and usages which belong to courts of equity, as contradistinguished from courts of common law. And whether there were or not, in the several states, courts of equity proceeding according to such principles and usages, made no difference, according to the construction uniformly given by the Supreme Court. Livingston v. Story, 9 Peters, 632.
The provisions of the act of Congress of 1824, relative to the practice of courts of the United States in Louisiana, contain the descriptive form “civil actions,” which embrace cases at law and in equity; and may be fairly construed as used in contradistinction to criminal cases. They apply equally to cases in equity; and if there are any laws in Louisiana directing the mode of proceeding in equity

[p108-1] Decisions of the Supreme Court as to the practice and principles regulating the proceedings of the courts of law, which prevail in the Federal courts of Louisiana.
As, by the laws of Louisiana, questions of fact in civil cases are tried by the court, unless either of the parties demand a jury, in an action of debt on a judgment, the interest on the original judgment may be computed, and make part of the judgment in Louisiana, without a writ of inquiry, and the intervention of a jury.Mayhew v. Thatcher, 6 Wheat. 129; 5 Cond. Rep. 34.
By the provisions of the acts of Congress, Louisiana, when she came into the Union, had organized therein a district court of the United States, having the same jurisdiction, except as to appeals and writs of error, as the circuit courts of the United States in other states; and the modes of proceeding in that court were required to be according to the principles, rules and usages which belong to courts of equity, as contradistinguished from courts of common law. And whether there were or not, in the several states, courts of equity proceeding according to such principles and usages, made no difference, according to the construction uniformly given by the Supreme Court. Livingston v. Story, 9 Peters, 632.
The provisions of the act of Congress of 1824, relative to the practice of courts of the United States in Louisiana, contain the descriptive form “civil actions,” which embrace cases at law and in equity; and may be fairly construed as used in contradistinction to criminal cases. They apply equally to cases in equity; and if there are any laws in Louisiana directing the mode of proceeding in equity

[1]