Page:United States Statutes at Large Volume 9.djvu/100

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74 TWENTY-NINTH CONGRESS. Sess. I. Ch. 98. 1846. Witnesses to attorney of the United States for any district, and upon satisfactory ¢!¤¢¢ri¤¢<> ¤¤¤¤z· proof of the materiality of the testimony of any person who shall be '“"“‘°°' a competent witness, and whose testimony shall, in the opinion of any judge of the United States, be necessary upon the trial of any erimjnal cause or proceeding in which the United States shall be a party or interested, any such judge may compel such person, so required or deemed by him necessary as a witness, to give recognlzance, with or without sureties in his discretion, to appear on the trial of said cause or proceeding and give his testimony therein; and, for that pur- Wmmt to pose, the said judge may issue a warrant against such person, under issue. his hand, with or without seal, directed to the marshal or other officer authorized to execute criminal or civil process in behalf of the United States, to arrest such person and carry him before such judge. Penalty rar rs- And in case the person so arrested shall neglector refuse to give said f¤S¤1,¤> give re- recognizance in the manner required by said judge, the said judge °°g'""“°°‘ may issue a warrant of commitment against such person, which shall be delivered to said officer, whose duty it shall be to convey such person to the prison mentioned in said mittimus. And the said person Witness to re- shall remain in confinement until he shall be removed to the court for mm m °°¤6¤¤· the purpose of giving his testimony, or until he shall have given the ment recognizance required by said judge. Part of the net Sec. 8. And be it further enacted, That so much of the act entitled gg 4;%:;% °h· 182: "An Act to increase and regulate the Terms of the Circuit and Disptrict Courts for the Northern District of New York," passed July seventh, eighteen hundred and thirty-eight, as requires all issues of fact in the said Circuit Court in which the cause of action shall have arisen west of the line in the said act for that purpose designated to be tried at the term of said Circuit Court to be held at Canandaigua, and all issues of fact in the said court which shall have arisen east of An additional the said line to be tried at Albany, be, and the same is hereby resession or the pealed. And that, in addition to the courts now provided by law to be

 held in the Northern District of New York, a stated session of the

mc, up Nw, Circuit Court of the United States for said Northern District shall be York to be held held annually at the City Hall, in the city of Albany, on the third “* Au"“‘Y‘ Tuesday of May. PwC,,,,, O, Pm_ Sec. 9. And be it further enacted, That no process issued or proceedirggs not to ceedings pending in either of the said courts shall be avoided or im- Eguoz °?,?d' ,,1;; paired by the change hereby made in the time and place of holding such change. court; but all process, bail bonds, and recognizances, returnable at either of the times and places hereby altered, shall be deemed and held to be returnable at the time and place herein designated in lieu thereof, in the same manner as if the same had in terms been made so returnable, and shall have full effect accordingly. And all continuances may be made to conform to the provisions of this act. _Term cr Dis- Sec. 10. And be it further enacted, That hereafter a term of the X’s,fumC°“’* ”* District Court for the Northern District of New York shall be held in ` the village of Auburn, on the third Tuesday in August in each year. Time Orholdgn And it is further provided, That the term of the District Court

,;*1*; ¤*dB¤E now required by law to be held at the city of Buffalo, on the

gc ’ second Tuesday of October in each year, shall hereafter be held on the second Tuesday of November in each year. process to Wm_ Sec. 11. And be it further enacted, That, whenever any indictment

of shall be pending in any court of the United States, and any defendant

,,,1,-0,-mmimlgt thereto shall make an affidavit setting forth that there are witnesses whose evidence is material to his defence, and that he cannot safely go to trial without them, what he expects to prove by each of them, that they are within the district in which the court is held, or within one hundred miles of the place of trial, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such wit-