United States Statutes at Large/Volume 4/18th Congress/1st Session/Chapter 163
[Obsolete.]
Chap. CLXIII.—An Act to amend an act, entitled “An act to amend an act for the establishment of a territorial government in Florida, and for other purposes.”[1]
Act of March 3, 1823, ch. 28.
The judicial power of the territory of Florida to be vested in three superior courts.
Act of March 30, 1822, ch. 13.
Act of May 15, 1826, ch. 46.
Where said courts are to be held.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the judicial power of the territory of Florida shall be vested in three superior courts, and in such inferior courts, and justices of the peace as the legislative council of the territory may, from time to time, establish. There shall be a superior court for that part of the territory situated to the west of the river Apalachicola, to consist of one judge; he shall hold his court on the first Mondays in May and November, in each and every year, at Pensacola, and at such other times and places as the legislative council may direct. There shall be a superior court for that part of the territory situated between the Apalachicola and Suwannee rivers, to consist of one judge; he shall hold his court on the first Mondays of April and October, in each and every year, at the seat of government in said territory, and at such other times and places as the legislative council may direct. There shall be a superior court for that part of the territory situated to the east and south of the Suwannee river, to consist of one judge: he shall hold his court on the first Monday in May and November, in each and every year, at St. Augustine, and at such other times and places as the legislative council shall direct.Jurisdiction of each court in all criminal and capital offences. Within its limits, herein described, each court shall have jurisdiction in all criminal cases, and exclusive jurisdiction in all capital offences, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under the laws of the territory now in force, or which may, at any time hereafter, be enacted by the legislative council, and shall have and exercise appellate jurisdiction over the inferior courts of said territory. Each judge shall appoint a clerk, who shall reside, respectively, at the place where his said court is, or may, by law, be directed to be held, and they shall keep the records there.Each judge to appoint a clerk. Each clerk shall receive for his services, in all cases, arising under the laws of the territory, such fees as shall be established by the legislative council. And writs of error and appeal from the final decision of the said superior courts, authorized by this section of this act, shall be made to the appellate court of said territory, hereinafter provided for, in such manner, and under such regulations, as the legislative council may direct; and, until the legislative council shall have made such regulations, writs of error and appeal from the final decision of the said superior courts shall be made to the appellate court of the territory, in the same manner that writs of error and appeals are taken and prosecuted in the next adjoining state.
Same jurisdiction to be exercised by each of said superior courts, as was vested in the court of the Kentucky district.
Act of Sept. 24, 1789, ch. 20.
Act of March 2, 1793, ch. 22.
The first six days of each term to be appropriated to the trial of causes arising under the laws and constitution of the United States.
Records to be kept at the places where the courts are held.Sec. 2. And be it further enacted, That each of the said superior courts shall, moreover, have and exercise the same jurisdiction within its limits, in all cases arising under the laws and Constitution of the United States, which, by an act to establish the judicial courts of the United States, approved the twenty-fourth day of September, one thousand seven hundred and eighty-nine, and “An act in addition to the act, entitled ‘An act to establish the judicial courts of the United States,’” approved the second of March, one thousand seven hundred and ninety-three, was vested in the court of the Kentucky district. The first six days of each term of the said courts, or so much thereof as may be necessary, shall be appropriated to the trial of causes arising under the laws and Constitution of the United States. And writs of error and appeal from the decisions in the said superior courts, authorized by this section of this act, shall be made to the appellate court of said territory, in such manner, and under such regulations, as the legislative council shall direct. The clerks, respectively, shall keep the records at the places where the courts are held, and no one clerk shall, by himself or deputy, officiate at more than one place for holding said courts: they shall receive, in all cases under the laws and Constitution of the United States, the same fees which the clerks of the district court of the next adjoining state receives [receive] for similar services.
Persons learned in the law to be appointed to act as attorneys, and to receive the same salary, each, as the attorney for the district of Kentucky.
A marshal to be appointed for each court.Sec. 3. And be it further enacted, That there shall be appointed, for each of the said courts, a person, learned in the law, to act as attorneys of the United States, as well as for the territory, each of whom shall receive the same fees, both in civil and criminal cases, as are received by the district attorneys of the United States, of the next adjoining state, for similar services; and shall, moreover, receive, as a full compensation for all extra services, annually, the same salary, as is provided, by law, for the district attorney of the district of Kentucky, to be paid, quarterly, by the treasury of the United States. There shall, also, be appointed, for each of the said courts, a marshal, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, to which marshals, in other districts are entitled for similar services; and shall, in addition, be paid the sum of two hundred dollars annually, as a compensation for extra services; and shall, also, be subject to such regulations and penalties as the legislative council shall impose, while acting under, and in virtue of, the territorial laws.Each judge to receive 1500 dollars per annum. Each judge shall receive a salary of fifteen hundred dollars per annum, to be paid, quarterly, by the treasury of the United States.
A court of appeal to be organized and composed of the judges of the superior court.
Senior judge to preside.
Court may be adjourned, by any one of its judges being present, from day to day, until a quorum be convened.Sec. 4. And be it further enacted, That there shall be organized in said territory a court of appeals, to be composed of the judges of the superior courts of said territory, any two of whom shall be a quorum, and shall hold, annually, at the seat of government of said territory, one session, commencing on the first Monday in January, in each and every year. The senior judge shall be the presiding judge of said court, and the other judges shall have precedence according to the date of their commissions, or where their commissions are of the same date, according to their respective ages. That the said court may by any one of its judges being present, be adjourned, from day to day, until a quorum be convened; and if no one of its judges be present, by the marshal of said court, until a quorum be convened; and the district attorney, marshal, and clerk, of the superior court, of the middle district, shall be officers of the said court of appeals; and writs of error and appeal from the decision of the said court shall be made to the Supreme Court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the amount in controversy, to be ascertained by the oath and affirmation of either party, shall exceed one thousand dollars.
Part of the former act repealed.
1823, ch. 28.Sec. 6. And be it further enacted, That so much of the act, of which this is an amendment, as requires the governor of Florida shall not leave the territory without the permission of the President of the United States, be, and the same is hereby, repealed.
Approved, May 26, 1824.
- ↑ See notes to act of March 30, 1822, ch. 13, vol. iii, 654.