Page:United States Statutes at Large Volume 1.djvu/205
Sec. 17. And be it further enacted, Courts may grant new trials.That all the said courts of the United States shall have power to grant new trials, in cases where there has been a trial by jury for reasons for which new trials have usually been granted in the courts of law; and shall have power to impose and administer all necessary oaths or affirmations, and to punish by fine or imprisonment, at the discretion of said courts, all contempts of Act of March 2, 1831, ch. 99.authority in any cause or hearing before the same; and to make establish all necessary rules for the orderly conducting business in the said courts, provided such rules are not repugnant to the laws of the United States.
Sec. 18. And be it further enacted, Execution may be stayed on conditions.That when in a circuit court, judgment upon a verdict in a civil action shall be entered, execution may on motion of either party, at the discretion of the court, and on such conditions for the security of the adverse party as they may judge proper, be stayed forty-two days from the time of entering judgment, to give time to file in the clerk’s office of said court, a petition for a new trial. And if such petition be there filed within said term of forty-two days, with a certificate thereon from either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall of course be further stayed to the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void.
Sec. 19. And be it further enacted, Facts to appear on record.That it shall be the duty of circuit courts, in causes in equity and of admiralty and maritime jurisdiction, to cause the facts on which they found their sentence or decree fully to appear upon the record either from the pleadings and decree itself, or a Altered by act of March 3, 1803, chap. 40.state of the case agreed by the parties, or their counsel, or if they disagree by a stating of the case by the court.
Sec. 20. And be it further enacted, Costs not allowed unless 500 dollars recovered.That where in a circuit court, a plaintiff in an action, originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, or a libellant, upon his own appeal, less than the sum or value of three hundred dollars, he shall not be allowed, but at the discretion of the court, may be adjudged to pay costs.
Sec. 21. And be it further enacted, Appeals from the district to the circuit court where matter in dispute exceeds 300 dolls.That from final decrees in a district court in causes of admiralty and maritime jurisdiction, where the the matter in dispute exceeds the sum or value of three hundred dollars, exclusive of costs, an appeal shall be allowed to the next circuit court,
There cannot be concurrent jurisdiction at law and equity, where the right and remedy are the same; but equity may proceed in aid of the remedy at law, by incidental and auxiliary relief; if the remedy at law is complete. Its jurisdiction is special, limited and defined; not as in England, where it depends on usage. Ibid.
The 16th section of the judiciary law is a declaratory act settling the law as to cases of equity jurisdiction, in the nature of a proviso, limitation or exception to its exercise. If the plaintiff have a plain, adequate and complete remedy at law, the case is not a suit in equity, under the constitution, or the judiciary ict. Ibid.
Though the rules and principles established in English Chancery at the revolution, are adopted in the federal courts, the changes introduced there since, are not followed here; especially in matters of jurisdiction, as to which the 16th section of the act of 1789 is imperative. Ibid.
- New trials. Calder v. Bull and Wife, 3 Dall. 386; 1 Cond. Rep. 172. Arnold v. Jones, Bee’s Rep. 104.
- Contempt of court. The courts of the United States have no common law jurisdiction of crimes against the United States. But independent of statutes, the courts of the United tates have power to fine for contempts, and imprison for contumacy and to enforce obedience to their orders, &c. The United States v. Hudson et al., 7 Cranch, 32; 2 Cond. Rep. 405.
By an act passed March 2, 1831, chap. 99, it is enacted, that the power of the courts of the United States to punish for contempts shall not extend to any cases, except to misbehaviour in the presence of the court, or so near to the court as to obstruct the administration of justice, or the misbehaviour of the officers of the court in their official transactions, and disobedience or resistance by any officer of the court, party, juror, witness or any person to any writ, process, order or decree of the court. Indictments may be presented against persons impeding the proceedings of the court, &c. See the statute.
- Execution. The 14th section of the Judiciary act of September 24, 1789, chap. 20, authorizes the courts of the United States to issue writs of execution upon judgments which hare been rendered. This section provides only for the issuing of the writ, and directs no mode of proceeding by the officer obeying its command. Bank of the United States v. Halstead, 10 Wheat. 51; 6 Cond. Rep. 22.