fhall be fufficient, any law requiring the attendance of two of the faid juftices notwithexcept in ftanding: Provided, That it fhall be lawful certain ca- for the fupreme court, in cafes where special fos. Rule for giving in circuit courts in certain ca£65. circumstances fhall, in their judgment, render the fame neceffary, to affign two of the faid juftices to attend the circuit court or courts, and it fhall be the duty of the juftices fo affigned, to attend accordingly. And provided alfo, That when only one judge of the fupreme court fhall attend any circuit court, and the diftrict judge fhall be abfent, or fhall have been of counfel, or be concerned in interest in any caufe, then pending, fuch circuit court may confift of the faid judge of the fupreme court alone. Sec. 2. And be it further enacted, That if, at any time only one judge of the fupreme court, judgment and the judge of the diftrict fhall fit in a circuit court, and upon a final hearing of a cause, or of a plea to the jurifdiction of the court, they fhall be divided in opinion, it shall be continued to the fucceeding court; and if upon the fecond hearing when a different judge of the fupreme court fhall be prefent, a like divifion fhall take place, the diftrict judge adhering to his former opinion, judgment fhall be rendered in conformity to the opinion of the prefiding judge. Judges of fupreme fpe Sec. 3. And be it further enacted, That the fupreme court, or when the fupreme court court may fhall not be fitting, any one of the juftices direct he thereof, together with the judge of the district of circuit within which a fpecial feffion, as hereafter autrial of eri, thorized, fhall be holden, may direct fpecial minal cau- feflions of the circuit courts to be holden for the trial of criminal caufes, at any convenient courts for duty of place within the district, nearer to the place where the offences may be faid to be committed, than the place or places, appointed by law for the ordinary feflions: That the clerk of fuch circuit court fhall, at least thirty days clerk in before the commencement of fuch fpecial fef- fuch cafes, fion, cause the time and place for holding the fame, to be notified for at least three weeks fucceffively, in one or more of the news-papers published nearest to the place where the feffion is to be holden: That all procefs, writs and recognizances of every kind, whether refpecting juries, witneffes, bail or otherwife, which relate to the cafes to be tried at the faid fpecial feffions, fhall be confidered as belonging to fuch feffions, in the fame manner as if they had been iffued or taken in reference thereto That any special feffion may be adjourned to any time or times previous to the fuch feffinext stated meeting of the circuit court: That ons may be all business depending for trial at any special court, fhall at the close thereof be confidered as of course removed to the next ftated term of the circuit court: And that the diftrict courts of Maine and Kentucky, fhall have like privileges power to hold fpecial feffions for the trial of granted to criminal caufes, as hath been heretofore given, courts of or is hereby given to the circuit courts, fub- Maine and ject to the like regulations and reftrictions. adjourned. diftrict Kentucky. by whom Sec. 4. And be it further enacted, That bail Bail for apfor appearance in any court of the United pearance States, in any criminal caufe in which bail is taken. by law allowed, may be taken by any judge of the United States, any chancellor, judge of a fupreme or fuperior court, or chief or firft judge of a court of common pleas of any ftate, or mayor of a city in either of them, and by of ne exeat & when granted. any perfon having authority from a circuit court, or the diftrict courts of Maine or Kentucky to take bail; which authority, revocable at the difcretion of fuch court, any circuit court or either of the district courts of Maine or Kentucky, may give to one or more difcreet perfons, learned in the law, in any district for which fuch court is holden, where, from the extent of the district, and remoteness of its parts from the ufual refidence of any of the before-named officers, fuch provifion fhall, in the opinion of the court, be neceffary. Provided, That nothing herein fhall be construed to extend to taking bail in any cafe where the punishment for the offence may be death; nor to abridge any power heretofore given by the laws of the United States, to any defcription of persons to takę bail. Sec. 5. And be it further enacted, That writs And writs of ne exeat and of injunction may be granted by whom by any judge of the fupreme court in cafes where they might be granted by the fupreme or a circuit court; but no writ of ne exeat fhall be granted unlefs a fuit in equity be commenced, and fatisfactory proof fhall be made to the court or judge granting the fame, that the defendant defigns quickly to depart from the United States; nor fhall a writ of injunction be granted to ftay proceedings in any court of a state; nor fhall fuch writ be granted in any cafe without reasonable previous notice to the adverse party, or his attorney, of the time and place of moving for the fame, Subpoenas Sec. 6. And be it further enacted, That subpœnas for witneffes who may be required to for witneff. attend a court of the United States in any es how far diftrict thereof, may run into any other dif trict: Provided, That in civil caufes, the wit to extend. neffes living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the fame. Courts to ing write, Sec. 7. And be it further enacted, That it fhall be lawful for the feveral courts of the make rules United States, from time to time, as occafion for returnmay require, to make rules and orders for &. their respective courts, directing the returning, of writs and proceffes, the filing of declarations and other pleadings, the taking of rules, the entering and making up judgments by default and other matters in the vacation and otherwife in a manner not repugnant to the laws of the United States to regulate the practice of the faid courts refpectively, as fhall be fit and necessary for the advancement of justice and especially to that end to prevent delays in proceedings. ken on writ Sec. 8. And be it further enacted, That where it is now required by the laws of any ftate, that Goods tagoods taken in execution on a writ of fieri faci- of tieri faas, fhall be appraised, previous to the fale there- cias how to be appraitof, it fhall be lawful for the appraisers appoint- ed. ed under the authority of the ftate, to appraise goods taken in execution, on a fieri facias iffued out of any court of the United States, in the fame manner as if fuch writ had iffued out of a court held under the authority of the state; and it shall be the duty of the marshal, in whofe cuftody fuch goods may be, to fummon the appraisers, in like manner, as the fheriff is by the laws of the ftate required to fummon them and the appraisers fhall be entitled to the like fees, as in cafes of appraisements under the laws of the state: and if the appraisers, being duly fummoned, fhall fail to attend and perform the duties required of them, the marfhal may proceed to fell fuch goods without an appraisement. JONATHAN TRUMBULL, Speaker of the House of Reprefentatives. JOHN LANGDON, Prefident pre tempore of the Senate. APPROVED, March fecond, 1793: GEORGE WASHINGTON, An Act to alter the Times and Places of holding the Circuit Courts, in the Eastern District, and in North-Carolina, and for other Pur poses. Sec. I. B E it enacted by the Senate and Houfe of Reprefentatives of the United States of America, in Congress affembled, That the fpring circuit courts of the eastern Times for diftrict, instead of being held at the times and fpring cir- places now eftablished by law for holding the cuits of eaf- fame, fhall from henceforth, be held at the & N. Caro- times and places following refpectively, namelina alter-ly; for the district of New-York, at New holding tern diftri&t ed. York, on the fifth day of April; for the diftrict of Connecticut, at New-Haven, on the twenty-fifth day of April; for the district of Vermont, at Windfor and Bennington alternately, beginning at the firft, on the twelfth day of May; for the district of New-Hampfhire, at Portfmouth, on the twenty-feventh day of May; for the district of Massachusetts, at Boston, on the feventh day of June; and for the district of Rhode-Ifland, at Newport, |