United States Statutes at Large/Volume 2/8th Congress/1st Session/Chapter 59
[Obsolete.]
Chap. LIX.—An Act for the appointment of an additional judge for the Mississippi territory; and for other purposes.
Act of March 2, 1810, ch. 16.
An additional judge to be appointed for the Mississippi territory.
His place of residence.
His duties and authorities.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed an additional judge for the Mississippi territory, who shall reside at or near the Tombigbee settlement, and who shall possess and exercise, within the district of Washington, as fixed and ascertained by an act of the general assembly of the Mississippi territory, intituled “An act for the more convenient organization of the courts of the said territory,” the jurisdiction heretofore possessed and exercised by the superior court of the said territory within the said district of Washington, and to the exclusion of the original jurisdiction of the said superior court within the same:Proviso. Provided always, that the said superior court shall have full power and authority to issue writs of error to the court established by this act and to hear and determine the same, when sitting, for the district of Adams, as fixed and ascertained by the act of the general assembly of the Mississippi territory, herein before mentioned.
Upon the reversal of a judgment of the court established by this act, the judgment of the superior court to be final: but in certain cases, when the cause shall be remanded to the court below.
Plaintiffs in error, other than executors or administrators, to give security.Sec. 2. And be it further enacted, That the said superior court are hereby authorized, upon the reversal of a judgment of the court established by this act, to render such judgment as the said court ought to have rendered or passed, except where the reversal is in favour of the plaintiff in the original suit, and the debt or damages to be assessed are uncertain, in which case the cause shall be remanded in order to a final determination.
Sec. 3. And be it further enacted, That when any person, not being an executor or administrator, applies for a writ of error, such writ of error shall be no stay of proceedings in the court to which it issues, unless the plaintiff in error shall give security, to be approved of by a judge of the said superior court, that the plaintiff in error shall prosecute his writ to effect, and pay the condemnation money and all costs, or otherwise abide the judgment in error, if he fail to make his plea good.
Proceedings commenced in the superior court of Washington district transferred to that established by this act.
Officers to issue and execute process and to record the proceedings authorized to act for both courts.
Sessions of the court.
Places and times of holding them.Sec. 4. And be it further enacted, That all pleas, process, and proceedings whatever, which may have been commenced in the said superior court within the aforesaid district of Washington, shall be, and the same are hereby transferred to the court established by this act, and the officers appointed to issue or execute the process of the said superior court within the district of Washington, and to record the proceedings of the same, are hereby authorized and required to issue and execute the process of the court established by this act, and to record the proceedings thereof.
Sec. 5. And be it further enacted, That the court established by this act, shall hold two terms in each and every year, at the place where the courts for Washington county, within the said territory, shall be held, to commence on the days following, to wit: on the first Monday in May and September, annually; and shall then and there proceed to hear and determine the pleas, process and proceedings depending before them, in the same manner as the said superior court within the district of Washington aforesaid, might or could have done, in case this act had not been passed.
Salary, &. &c. of the judge.Sec. 6. And be it further enacted, That the judge to be appointed by virtue of this act, shall receive the same salary, and payable in the same manner, which is established by law for judges of the said superior court of the Mississippi territory.
Approved, March 27, 1804.