Page:United States Statutes at Large Volume 18 Part 1.djvu/169

This page needs to be proofread.

'1`rru: xu1.—THE JUDICIARY.—()r1. 3. 97 Sec. 565. Any district court may, notwithstanding an appeal to the May proceed in Su reme Court, in any rize cause make and execute all necessary orders Pmé ¤¤¤¤€¤ ¤i¢€¤’ P .p ’ . . j for the custody and disposal of the prize propertv. and, in case of an “PP°“· appeal from_a decree of condemnation, may proceed to make a decree of 30 June, 1864, c. distribution, so far asto determine what share of the prize shall go to the 174- S- I3, V- l3· P- captors, and what vessels are entitled to participate therein. [Sw S 4687-1 310 `Ec. 566. The trial of issues of fact in the district courts, in all causes Trial of issues of except cases in equity and cases of admiralty and maritime jurisdiction, mtand except as otherwise provided in (procee ing in bankruptcy, shall be 21 Sept., 1789, o. by jury. In causes of admiralty an maritime jurisdiction relating to 20, S- 9, v- 1, p- 76- any matter of contract or tort arising upon or concerning any vessel of 20251g*b-· ],gg5· °· twenty tons burden or upward, enrolle and licensed for the coasting trade, and at the_time employed in the business of commerce and nav1— WT]? E¤gl¤, 8 gation betvppen ptaces in iiferenthStates ang Territories upon the lakes Q€£,h§S0n,sDiS_ and naviga e' waters connecting the lakes the tria of issues of fact shall tflled S · ·,_, 14 be by jury when either party requires it. i \i’s11.,44?m i Sec. 567. When any erritory is admitted as a State, and a district Transfer oi reccourt is established therein, all the records of the proceedings in the gg32m ;_°hE:;¤f1{';* several cases pending in the court of appeals of said Territory at the · ` time of such admission, and all records of the proceedings in the several gist? becomes a cases in which judgments or decrees had been rendered in said territorial ———— court before that time, and from which writs of error could have been ]7?g_ '§;};ig§; sued out or appeals could have been taken, or from which writs of error 22 Feb., 1848, c. had been sued out or appeals had been taken and prosecuted to the 12- ¤- 2, V- 9, p- 212- Supreme Court, shall be transferred to and deposited in the district court Bemm,._ Pom, for the ssid State. 1s•¤ 1 104.1 0 How.,2ss. ’ Forsyth v. U. S., 9 How., 571. McNulty r. Batty, 10 How.,72. Sec. 568. It shall be the duty of the district judge, in the case pro- hgislgict j3d8g vided in the preceding section, to dqlmand of thp] clerk, or otheré per- :(_mpe,°(;‘;‘:,€r';,“0, son havin possession or custody of the records therein mentione , the rgcoydg of te, ·w. delivery thereof, to be deposited in said district court; and, in case of the rialgugtg H refusal of such clerk or person to comply with such demand, the said_ 22 Feb.,1847.¤. district judge shall compe the delivery of said records by attachment or nk; :,12 ‘,;· 9,;*4,:22- otherwise, according to aw. 12 s. 2 vii? p. 2,12: Sec. 569. When any territory is admitted as a State, and a district J$¤fi¤di<¢i0p0fdi¤- court is established therein, the said district court shall take cognizance of all cases which were pending and undetermined in the superior court m,.,,,,,,,,] co,,,.,, of such Territory, from the judgments or decrees to be rendered in which *22}p€b_j4w‘y’ c_ write of error could have been sued out or appeals taken to the Supreme 17, s. 1, v. 9, p. 128. Court, and shall proceed to hear and determine the same. rseeswo.1 1222 5e3b1g4g1g- Sec. 570. Any district judge may appoint commissioners, before whom gommpsivnpgs :0 appraisers of vessels or goods and mere andise seized for breaches of any :pmr:};;'°°· S 0 , p i . law of the United States may be sworn; and such oaths, so taken, shal 9 June 1794 c_ be as eifectual as if taken be ore the judge in open court. (susan.] 64,g_],v_,]_’ p_ §g5_· Sec. 571. [The district courtsgw the westcrn_dis¢¢~icl of Arkansas, the cogglxznh w¢1·4m;1i¤¢»·ic¢<u’1!黤i¢»€2>pi·¢ w¤#¢¢wdw¢¢1¤é~fS¤u¢h Uarvhm, wd ...s...,r1,,,i,.i1.~ the dictrzctqf West Wrgmzu, shall have, zn addition to the m·dzna1;qd]urzs· tion. diction ofdzctrict c0urta,ju¢·isdwtipn ofall causes, except ulppeals an write —*———-—— qferror, which are cognizahle in a circuit court; and shal proceed therein Ark.,3Mar.,1851, an liu; game mmmeras a circuit court.] [The district courts for the western cg:- T?X'69·Pig4?g- district of Arkansas, the eastern district of arkansas at Helena, the c_ ,51 s_ 85],, pj northern district of Mississippi, the western district of South Carolina, 281. i ’ and the district of West Virginia shall have in addition to the ordinar Miss., 16 Feb.,

. · ·°·Sd· - fn ly1839c.27slv.

junsdictlcn of dlstflct (50111135, ]\ll‘l lCU0U 8 f33·\1§€B, 8X06pl$ 2f1D05i S 5 PIB". ’’ and writs of error, which are cogmzable in a circuit court, an shall é_C_’2,Feb_’1823’ proceed therein in the same manner as a circuit court.] Ck1g2v, ggé p_ Eg; 16 A .,1856, .119, ss. 1, s, .11, .43. w.v ,4 r b.,1819,.}*?‘ ·"- ·P· '* 3 Mai? 1837, cfm, s. 3,v. 5,}r.v177; is Msr., .1838;:. 46, 1, v. 5, j‘5» l}8·l‘;“°· 2*6} c. 120, s. 1, v. 13, p. 124; 4 une, 1872, c. 284, s. 1, v. 17, p. 218. .1 a"" *°‘ ’ ' 19, p. 230.