Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-11-12
RY AUTHORITY.


w. DAVIS, Speaker OF lhs House OF representative
cHr Act TO the proceedings in the Circuit aad Dis
% Gs;: Of he un.d -, ,.is and 70, osE I pun s p,Dr
snfdtires If tie United States Of Aaercd IN Congress as
ecd That the circuit Of the United States for the
he district Of New YOtk shsl hereafer be held on the
third Monday October instead Of the last Monday ~ NO
vsmber; aud that all wits pleas suits reccgnzanee M
dctmeh and all other proceedings civil and CRIMINAL shah
be etunabe to and have day IN court aud sha DC heard
might and ought TO have been done IL The court
had been held at the time heretofore directed by laws and
il further provided that the OF the circuit court APP
pointed by law be held the last Monday 10 July IN
each year said district shall not hereafter be holden
Sec. 3 And be ii further enacted That whenever the dis
trict attorney shall deem necessary il shall be lawful for
any court session. by order entered on its minutes
to remit to the next term session Of the district court Of
the said district Indictment pending IN the said circuit
court, when the offence offences therein charged may be
cognzabe by the said district courts and in like manner
shall be lawful for any district court TO remit TO the next
tenn session of the circuit court OF the same district any
indictment pending in the said district courts and such e
mission shall with it all reeogzance processes aud
proceedings pending the the court from which the
made, and the court TO which such remission Is
made SHALL after the order Of remission filed therein, act
and proceed in the if the Indictment and all other
proceedings the had been originated in said court
SEC g. Aad be further enacted, That shall be lawful
for the grand Jures emPanneed and sworn IN any district
cagnizance of all crimes and offences within
the jurisdiction Of the said circuit and district courts and
every Indictment for capital offence presented TO the dis
Tict court SHALL by order entered the minutes oil The
court be RENTED TO the next term and session OF the circuit
court together with all the recognzances taken tbeIen
and filing such order aud indictment with The clerk oil
said ccu court that shall thereafter proceed there
upon the If the indictment had been originally found
and presented in said courts and the said district court may
moreover like manner emt 10 the circuit court any In-
of the difficult and important questions Of law in
VOWED in the casO and the proceedings thereuPon shall
be the in the cicuit court IL such nic
had been originally found and presented therein That
grand jury shall hereafter be summoned 10 attend any
circuit district court Of the United States, unless The
judge Of such district Of the judges Of such
cult shall in bis discretion, notification
by the district attorney that such jury viii be needed oIde
be issued therefor: Prorided. That nothing
herein shall either Of said in term from
ing grand jury TO be summoned and mpanneed whenever
in its Judgment il be TO do and at such time
may direct: And prOrided further. That hing herein
shall operate TO extend beyond what the law permits
the imprisonment before indictment found Of individual
accused Of crime offence, the time during hch an
individual thus accused may be held under be-
fore Indictment found.
SEC L. Andbe it further enacted That any party charged
with criminal offence and admitted BAIL may in vaea-
n be arrested by his ball. and delivered TO the marshal OF
his deputy before any judge other officer having power
10 commit for such offences and at the request OF such bail
the Judge other officer shall ecommt the party
the custody Of the masha and endorse the ecgni-
certified copy thereof the discharge aud cxonetauT
Of such bail aud the patty committed shall therefrom be
held in custody until discharged by due Of law.
SEC ARd be further enacted That if any captain, OF
other officer of ship vessel the high
any other waters within the admiralty and maritime
jurisdiction of the United States shall practically or feloni-
ously away with such ship vessel any goods OF
merchandise board such ship vessel TO the value OF
fifty dollars yield up such ship vessel voluntarily ic
any pirate every such person Offending shall De deemed
guilty Of felony and conviction thereof shall be punished
by fine not exceeding thousand dollars, by npiiso
exceeding years bOth according to the nature
q and aggTavaion Of the offence.
SEC g. And be it further enacted That upon the
say proof being made any judge of the United States
other magistrate having authority to commit on cimina
charges against laws the United States that person
previously admitted bail any such criminal charge
about 10 abscond and that his bail is insufficient it shall anC
may be lawful for any such judge magistrate TO require
such person give better security, for default thereof T.
cause him to be committed to prisons and to that end az
order for his arrest may be endorsed the former commit
men or new warrant therefor may be issued by such
judge magistrate, setting forth the thereof
SEC Z. And be further enacted, That the application
Of any attorney Of the United States for any district and
upon satisfactory proof Of the materially of the testimony
Of any person who shall be competent witness, and whose
testimony shall in the opinion Of any judge Of the Unite'
States be necessary upon the trial CT any criminal
proceeding in which the United States shall be party o.
Interested such judge compel such person.,
CURED or deemed by him necessary witness to give re-
cOgnizance, with without suetes at his discretion to sp
the trial Of said proceeding and his ties
nony teren aud for that purpose the said judge MAJ
warrant against such person, under his hand with
without SEAL objected to the marshal other cer hor
lied to execute criminal civil process in behalf of thu
United States 10 arrest such person aud carry him beiO
such judge Aud in the person arrested shall negec
refuse to give said TecOgnizancc in the require
by said judge, the said Judge may issue Of
mitmen against such person. which shall be delivered to SAT-
officer whose duty shall be convey such peison TO th
PrisOn mentioned in said mmus Aud the said personshal
remain in confinement until he shall be removed to the
for the purpose of giving his testimony until he shall
have gwen the recOgnzance required by said judge.
SEC g. And De 1t further enacted, That SO much Of tn
act entitled "An act TO increase aud regulate the
the cicui and district for the northern district
New York." passed July seventh, eighteen hundred am
thirty requires all issues Of fact in the said ehcui
court in which the Of action shall have arisen
of the line the said act for that purpose designated 10
ed at the term Of said ciIeuit be held at Canaan
dasua and all issues of fact the said court which shall
have arisen east Of said ne 10 be tre at Albany, be-
the same is hereby repealed And that in addition to tn
courts provided by law to be held in the northern dis
ct Of New York, stated session Of the Circuit Of lh
United States for said othen district shall be held annual
Of May.
SEC o. And be At further enacted That no process issue
proceedings pending either Of the said shall
avoided impaired by the change hereby made in the m
and place Of holding such court but all process bail bonds
and rccognizances eturuable either the times
places hereby altered be deemed and held
able at the time and place herein designated in lieu thereof
ia the if the had in terms been made
returnabe and shall have full effect accordingly AnS
all connuances may be made to conform to the provisions
of tbs act
SEC. TO- And be it further endcted That hereafter
term Of the district for the northern district Of New
York shall be held in the village of Auburn, the thir.
Tuesday in August in each year. And sfther prorided
That the term Of the district court required by law
be held at the city Of Buffalo, the second Tuesday
October in each year, shall hereafter be held on the seeon
Tuesday of November in each year.
SEC H. And be al further enacted, That whenever
indictment shall be pending in any court Of the United States
and any defendant thereto shall make an affidavit setn.
forth that there witnesses whose evidence is material
his Defence and that he safely go trial withou
them, what he expects 10 prove by each Of them that hel
within the di,tIc in which the court held or within
one bundled miles Of the place OF trial. and he
possessed OF sufficient and actually unable pa)
the lees oil Such Witnesses The court IN TERM or judy
thereof in vacation may il appear proper do So oIde
that such witnesses be subp93ed, If
aforesaid aud in such case the costs incurred by such pro
aud the fees Of such witnesses shall be paid in the
manner that similar paid case Of wit
nesses subpened in behalf Of the United States.
SEC H. And be further enacted That all acts and part
OF acts Inconsistent with the provisions OF this act shall be
and the hereby, repealed Prorided