United States Statutes at Large/Volume 1/4th Congress/2nd Session/Chapter 27

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March 3, 1797
Chap. ⅩⅩⅦ.—An Act concerning the Circuit Courts of the United States.


Times of holding the circuit courts.
Act of April 29, 1802, ch. 23.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the expiration of the present session of Congress, the times and places of holding the several circuit courts of the United States, in the present and each succeeding year, shall be as follows, to wit:

New York.In the state of New York, at the city of New York, on the first days of April and September.

Connecticut.In Connecticut, at New Haven, on the thirteenth day of April, and at Hartford on the seventeenth day of September.

Vermont.In Vermont, at Windsor. on the first day of May, and at Rutland, on the third day of October.

New Hampshire.In New Hampshire, at Portsmouth, on the nineteenth day of May, and at Exeter, on the second day of November.

Massachusetts.In Massachusetts, at Boston, on the first day of June, and twentieth day of October.

Rhode Island.In Rhode Island, at Newport, on the fifteenth day of June, and at Providence on the fifteenth day of November.

New Jersey.In New Jersey, at Trenton, on the first days of April and October.

Pennsylvania.In Pennsylvania, at Philadelphia, on the eleventh days of April and October.

Delaware.In Delaware, at New Castle, on the twenty-seventh day of June, and at Dover, on the twenty-seventh day of October.

Maryland.In Maryland, at Annapolis, on the seventh day of May, and at Baltimore, on the seventh day of November.

Virginia.In Virginia, at Richmond, on the twenty-second days of May and November.

Georgia.In Georgia, at Savannah, on the twentieth day of April, and at Augusta, on the eighth day of November.

South Carolina.In South Carolina, at Charleston, on the sixth day of May, and the twenty-fifth day of October.

North Carolina.In North Carolina, at Raleigh, on the first day of June, and on the thirtieth day of November: Provided, that if any of these days shall happen on a Sunday, the court shall be held on the day following.

Certain acts repealed.
Act of April 13, 1792, ch. 21.
Ante, p. 395.
District courts to be held at Newbern.
Sec. 2. And be it further enacted, That the fifth section of an “act for altering the times of holding the circuit courts, in certain districts of the United States, and for other purposes,” and the third, fourth, fifth and sixth sections of “An act making certain alterations in the act for establishing the judicial, and altering the time and place of holding certain courts,” be, and the same are hereby repealed; and that the stated district courts of North Carolina, shall, in future, be held at the town of Newbern.

Sec. 3. And be it further enacted, That all such process of the several district courts, within the said district, as before the passing of this act shall have issued, and all recognizances made, returnable to any of the said several district courts; and all suits and other proceedings, that were continued, and are depending therein, shall now be returned and held continued to the district court of the said state, to be holden at Newbern, on the first Monday in April next; and shall therein be tried, and otherwise proceeded on, according to law; and the dockets and records of the said several district courts, shall be hereafter kept at Newbern, aforesaid. And, to the end, that suitors, witnesses, and all others concerned, may have notice of the alteration hereby made, the marshal of the said district of North Carolina is hereby required to make the same known, by proclamation, on or before the twenty-third day of the present month.

Process how returnable.Sec. 4. And be it further enacted, That all proceedings, and process depending, in, or issuing out of any of the said courts, which are or may be made returnable to any other times and places appointed for holding the same, than those above specified, shall be deemed legally returnable on the days and at the places above specified, and not otherwise. And all suits and other proceedings in any of the said courts, which stand continued to any other times and places than those above specified, shall be deemed continued to the times and places prescribed by this act, and no other.

District judge may issue a venire.Sec. 5. Provided, and be it further enacted, That if in consequence of any alterations made by this act, it shall appear expedient to the district judge of any of the districts where such alterations are made as aforesaid, that a new venire should issue for the summoning of jurors to attend the circuit court of such district, which is to be first held after the present session of Congress, it shall be lawful for him to direct the clerk of the said circuit court to issue a venire accordingly, for the summoning of such number of jurors as the said district judge shall think fit, and from such parts of the district as shall appear to him most suitable to the convenience of the people thereof, giving reasonable notice of the time and place of attendance.

Time of holding district courts in Kentucky.Sec. 6. And be it further enacted, That from and after the first day of September next, the present terms for holding the district court, in the Kentucky district, shall cease, and thereafter the said court shall be holden on the second Monday in March, the third Monday in June and the third Monday in November, annually.

Approved, March 3, 1797.