An Act to establish the Judicial Courts of the United States. — reading text

of the party to whom notice was given, and that they were pertinent to the issue. In either of the cases, the party to whom notice was given may be required to prove, by his own oath, that the papers are not in his possession or power; which oath may be met by contrary proof according to the rules of equity. Ibid. To entitle the defendant to nonsuit the plaintiff for not obtaining papers which he was noticed to pro- duce, the defendant must first obtain an order of the court, under a rule that they should be produced. But this order need not be absolute when moved for, but may be nisi, unless cause be shown at the trial. Dunham v. Riley, 4 Wash. C. C. R. 126. ... . . .. Notice to the opposite party to produce on the trial all letters in his possession, relating to monies re- ceived by him under the award of the commissioners under the Florida treaty, is sufficiently specific as they described their subject matter. If to such notice the party answer on oath that he has not a particu- lar letter in his possession, and after diligent search could find none such, it is sufficient to prevent the offering of secondary proof of its contents. The party cannot be asked or compelled to answer whether he ever had such a letter in his possession. Vasse v. Mifflin, 4 Wash. C. C. R. 519. (b) The equity jurisdiction of the courts of the United States is independent of the local law of any State, and is the same in nature and extent as the equity jurisdiction of England from which it is derived. Therefore it is no objection to this jurisdiction, that there is a remedy under the local law. Gordon v. Hobart, 2 Sumner’s C. C. R. 401. . If a case is cognizable at common law, the defendant has a right of trial by jury, and a suit upon it cannot be sustained in equity. Baker v. Biddle, 1 Baldwin’s C. C. R. 40j .  FIRST CONGRESS. Sess . I. Ch . 20. 1789. 83 Sec . 17. And be it further enacted, That all the said courts of the Courts may grant new trials. 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:(a) 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 authority in any cause or hearing before the same ;(b) and to make and 2,1831, ch. 99. 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, That when in a circuit court, Execution judgment upon a verdict in a civil action shall be entered, execution may be stayed may on motion of either party, at the discretion of the court, and on on conditions. 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.(c) And if a new trial be granted, the former judgment shall be thereby rendered void. Sec . 19. And be it further enacted, That it shall be the duty of circuit Facts to appear courts, in causes inequity and of admiralty and maritime jurisdiction, to on record. cause the facts on which they found their sentence or decree, fully to Altered by act appear upon the record either from the pleadings and decree itself, or a of March 3, state of the case agreed by the parties, or their counsel, or if they disa- 1803, chap. 40. gree by a stating of the case by the court. Sec . 20. And be it further enacted, That where in a circuit court, a Costs not al- plaintiffin an action, originally brought there, or a petitioner in equity, lowed unless 500 dollars re- other than the United States, recovers less than the sum or value of five covered. 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 dis- cretion of the court, may be adjudged to pay costs. Sec . 21. And be it further enacted, That from final decrees in a dis- Appeals from the district to trict court in causes of admiralty and maritime jurisdiction, where the the circuit court matter in dispute exceeds the sum or value of three hundred dollars, where matter exclusive of costs, an appeal shall be allowed to the next circuit court, in dispute ex- ceeds 300 dolls. 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 juris- diction, 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 act. 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 juris- diction, as to which the 16th section of the act of 1789 is imperative. Ibid. (a) New trials. Calder b. Bull and Wife, 3 Dall. 386 ; 1 Cond. Rep. 172. Arnold v. Jones, Bee’s Ren. 104. (b) Contempt of court. The courts of the United States have no common law jurisdiction ofcrimes against the United States. But independent of statutes, the courts of the United States 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. (c) 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 have 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. 84 FIRST CONGRESS. Ses s . I. Ch . 20. 1789. Altered by the to be held in such district. Provided nevertheless, That all such appeals 2d section of thefrom final decrees as aforesaid, from the district court of Maine, shall act of March 3, 1S03, chap. 40. be made to the circuit court, next to be holden after each appeal in the [Obsolete.] district of Massachusetts. Final decrees Sec . 22. And be it further enacted, That final decrees and judg- re-examined above 50 dol- ments in civil actions in a district court, where the matter in dispute lars. exceeds the sum or value of fifty dollars, exclusive of costs, may be re- Altered by the examined, and reversed or affirmed in a circuit court, holden in the 2d section of the act of March 3, same district, upon a writ of error, whereto shall be annexed and re- 1803, chap. 40. turned therewith at the day and place therein mentioned, an authenti- cated transcript of the record, an assignment of errors, and prayer for reversal, with a citation to the adverse party, signed by the judge of such district court, or a justice of the Supreme Court, the adverse party And suits in having at least twenty days’ notice.(a) And upon a like process, may final equity, exceed- ing 2000 dollars judgments and decrees in civil actions, and suits in equity in a circuit in value. court, brought there by original process, or removed there from courts of the several States, or removed there by appeal from a district court where the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, be re-examined and reversed or affirmed in the Supreme Court, the citation being in such case signed by a judge of such circuit court, or justice of the Supreme Court, and the adverse party having at least thirty days’ notice.(S) But there shall be no rever- (a) The rules, regulations and restrictions contained in the 21st and 22d sections of the judiciary act of 1789, respecting the time within which a writ of error shall be brought, and in what instances it shall operate as a supersedeas, the citation to the opposite party, the security to be given by the plaintiff in error, and the restrictions on the appellate court as to reversals in certain enumerated cases, are applica- ble to the act of 1803, and are to be substantially observed; except that where the appeal is prayed for at the same time when the decree or sentence is pronounced, a citation is not necessary. The San Pe- dro, 2 Wheat. 132 ; 4 Cond. Rep. 65. By the 2d section of the act ofMarch 3, 1803, chap. 40, appeals are allowed from all final judgments or decrees in any of the District courts, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars. Appeals from the Circuit Court to the Supreme Court are allowed when the sum or value, exclusive of costs exceeds $2000. This section repeals so much of the 19th and 20th sec- tions of the act of 1789, as comes within the purview of those provisions. By the provisions of the act of April 2, 1816, chap. 39, appeals from the Circuit Court of the United States for the District of Columbia, are allowed when the matter in dispute in the cause exceeds $1000, exclusive of costs. (6) The following cases have been decided on the questions which have arisen as to the value in con- troversy, in a case removed by writ of error or appeal. The verdict and judgment do not ascertain the matter in dispute between the parties. To determine this, recurrence must be had to the original controversy; to the matter in