Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-11-06

originated in said court.
SEC. 3. And be tt further enacted, That il
shall be lawful for the grand juries empanel-
led and sworn in any district court to take
cognizance of all crimes ard offences within
the jurisdiction of the said circuit and district
courts, and every indictment for a capital Of
fence, presented to .the district court, shall,
by order entered on the minutes of the
court, be RENTED 10 the next term and
session of the circuit court, together with all
recognzances taken therein; and on filing such
order and Indictment with the clerk of said
circuit court, that court shall thereafter pro-
coed thereupon the same as if the indictment
had been originally found and presented in
said court and the said district court may
moreover, in like manner, remit to the
circuit court any Indictment pending in said
district court, when in the opinion Of the court,
difficult and important questions of law are
involved in the case; aud the proceedings
the!eupon shall thereafter be the same in the
circuit court as if such indictment had been ori.
ginally found and presented therein. That no
grand jury shall hereafter be summoned to
attend any circuit or district court ofthe United
States, unless the Judge of such district court,
or one of the judges of such circuit court. shall,
in his own discretion, or upon a notification
by the district attorney that such jury will be
needed, order yenire to be issued therefore
Provided, That nothing herein shall prevent
either Of said courts in term from directing a
grand jury to be summoned and empannelleG
whenever in its judgement, it may be proper
to do so, and at such time as it may direct:
And proridcd further, That nothing herein
shall operate to extend beyond what the law
now permits, the imprisonment before indict-
ment found of an individual accused ola crime
or offence, or the time during which an indi-
vidual thus accused may be held under recog-
nizance before indictment found.
Sec. 4. find be al further enacted. That any
party charged with criminal offence, and
admitted to bail, may, in vacation, be arrested
by his bail. and delivered to the marshal or
his deputy, before any Judge or other officer
having power to commit for such offence
and at the request of such bail, the Judge or
other officer shall recommit the party so ar
rested to the custody Of the marshal, and en-
dorse on the recogniZance, or certified copy
thereof, the discharge and exoneratu1 of such
bail !; and the party SO committed shall there
from be held in custody until discharged by
due course of law.
SEC. 5. find be it further enacted, That il
any captain, or other officer, or mariner of a
shp or vessel on the high seas, or any other
waters within the admiralty and maritime ju.
risdicton of the United States, shall piratical-
ly or felonious!y run away with such ship or
vessel, or any goods or merchandise on board
such ship or vessel to the value OF fifty dollars,
or yield up such ship or vessel voluntarily to
any pirate, every such person so offending
shall be deemed guilty of felony, and, on con.
viction thereof, shall be punished by fine not
exceeding ten thousand dollars, or by impri.
sonment not exceeding ten years, or both, &C.
cording to the nature and aggravaton Of the
offence.
Sec. 6. And be 1t further enacted, That up.
on the necessary proof being made to any
Judge of the United States, or other magistrate
having authority TO commit oncriminal charges
against the laws of the United States, that a
person previously admitted to bail on any such
criminal charge is about to abscond, and that
his bail is insufficient, it shall and may be
lawful for any such judge or magistrate to
require such person to give better security, or,
for default thereof, to cause him to be commit.
ted to prison; and, 10 that end, an order for
his arrest may be endorsed on the former com
mitment, or new warrant therefor may be
issued by such Judge or magistrate, setting
forth the cause thereof.
Sec. 7. And be 1t further enacted, That on
the application of any attorney of the United
States for any district, and upon satisfactory
proof of the materiality of the testimony of a.
ny person who shall be a competent witness,
and whose testimony shall, in the opinion oil
any Judge of the United States, be necessary
upon the trial of any criminal cause or pro-
ceeding in which the United States shall be a
party or interested, any such Judge may COM
pei such person, so required or deemed by
him necessary as witness. to give recognI.
Zance, with or without suretieS in his dlTec-
ton, to appear on trial of said cause or pro.
ceeding and give his testimony therein; and
for that purpose the said judge may issue a
warrant against such person, under his hand
with or without seal, directed to the marshal
or other officer authorized to execute criminal
or civil process in behalf ofthe United States,
10 arrest such person and carry him before
such Judge. And in case the person so ares
ted shall neglect or refuse to give said recog'
nizance in the manner required by said Judge,
the SAID Judge may Issue warrant of com
mitnent against such person, which stall be
delivered to said officer, whose duty it shall
be to convey such person 10 the prison men,
toned in said mittmus. And the said person
shall remain in confinement until he shall be
removed to the court for the purpose fgivin2
his testimony, or until he shall have given the
recognizance required by said Judge.
SEC. 8. find be IT further enacted, That SC
much of the act entitled AN act to increase
and regulate the terms of the circuit and dis
trict courts for the northern district of New
York, passed July seventh, eighteen hundred
and thiry-eight, as requires all issues of fac
in the circuit court in which the cause of &C
ton shall have arisen west of the line in the
said act for that purpose designated to be tried
at the term of said circuit court to be held a
Canandaigua, and all issues of fact in the sale
| court which shall have arisen east Of the sale
line, TO be tried at Albany, be, and the same
is hereby repealed. And that in addition u
the courts now provided by law to be held ir
the northern district of New York, statet
session of the circuit court of the United
States for said northern district shall be helt
annually at the City Hall in the city of Alba
ny, on the third Tuesday Of May.
SEC. 9. find be ii further enacted. That nj
process issued or proceedings pending in eth
er Of the said courts shall be avoided or I'm
paired by the change hereby made in the tim
and place of holding such court; but all pro
cess, bail bonds, and recognizances, retnrna
BILE at either of the times and places hereb.
altered, shall be deemed and held to he return
able at the time and place herein designated
in lieu thereof, in the same manner as if thu
same had in terms been made so returnable
and shall have full effect accordingly. AM
all coniinuances may be made to conform t.
the provisions of this act.
SEC. 10. And be IL turther enacted, That here
after term of the district court for the north
ern district of New York shall be held in tn