94 Sess . I. Ch . 22. 1759 . FIRST CONGRESS .

to be the same

causes of equity , and of admiralty and maritime jurisdiction , ( a ) shall as used . co uthe be according to the course of the civil law ; and the rates of fees the of the States . same as are or were last allowed by the states respectively in the court

Fees to be the exercising supreme jurisdiction in such causes . ( 6 ) Provided , That on Supreme Courts judgments in any of the cases aforesaid where different kinds of execu of the States . tions are issuable in succession , a capias ad satisfaciendum being one ,

the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance and be at liberty to pursue the same until a tender

of the debt and costs in gold or silver shall be made . Limitation . Sec . 3. And be it further enacted , That this act shall continue in

force until the end of the next session of Congress , and no longer .

APPROVED , September 29 , 1789 .

STATUTE I.

poses . "

Sept. 29 , 1789 .

CAAP . XXII . - An Act to explain and amend an Act , intiluled “ An Act for regis

tering and clearing Vessels , regulating the Coasting Trade , and for other pur Act of Sept. 1 , 1789 , ch . 11 .

Repealed by Section 1. Be it enacted by the Senate and House of Representa Act of February tives of the United States of America in Congress assembled , That when Goods únladen any goods , wares or merchandise of foreign growth or manufacture , by permit and shall be unladen from any ship or vessel in virtue of a permit obtained transported to a for that purpose , and shall be put into a craft or vessel , with intent to be same district , to transported to a landing within the same district , it shall be the duty of be accompanied the inspector , or other officer attending the unlading of such goods , with a

wares and merchandise , to deliver to the master or commander of every cate from the inspector or

such craft or vessel , a certificate of such goods , wares and merchandise

having been duly entered , and a permit granted therefor ; and such officer .

certificate shall contain a description of all the packages with their marks and numbers , and shall authorize the transportation and landing of the same , at any landing within the same district , without any further fee or permit , any thing in the said recited act to the contrary notwith standing

Sec . 2. And be it further enacted , That so much of the twenty - second section of the said recited act , as exempts vessels of less than twenty ,

certifi .

other proper

issuing out of the courts of the United States , lands and other property not thus subject by the State laws in force at that time . Bank of the United States v . Halsted , 10 Wheat . 51 ; 6 Cond . Rep . 22 .

See Fullerton v . The Bank of the United States , 1 Peters , 604. Yeaton v . Lenox , 8 Peters , 123 , Toland v . Sprague , 12 Peters , 300 .

The process act of 1828 , expressly adopts the mesne process and modes of proceeding in suits at com mon law , then existing in the highest State court , under the State laws , which of course included all the regulations of the State laws as to bail , and exemption of the party from arrest and imprisonment . In regard also to writs of execution , and other final process , and the proceedings thereupon , ” it adopts an equally comprehensive language , and declares they shall be the same as were then used in the courts of the State . Beers v . Haughton , 9 Peters , 329 . The Lessee of Walden v . Craig's heirs , 14 Peters , 147. The United States v . Knight , 14 Peters , 301 . Amis v . Smith , 16 Peters , 303 .

So far as the acts of Congress have adopted the forms of process and modes of proceeding and plead ing in the State courts , or have authorized the courts to adopt them , and have actually adopted them , they are obligatory ; and no further . But no court of the United States is authorized to adopt by rule any provision of State laws which are repugnant to , or incompatible with the positive enactment of Con . gress upon the jurisdiction , or practice , or proceedings of such courts . Keary et al . v . The Farmers and Mechanics Bank of Memphis , 16 Peters , 89. Duncan v . Darst , 17 Peters , 209 .

( a ) The act regulating processes in the courts of the United States , provides that the forms and modes of proceeding in the courts of equity , and in those of admiralty and maritime jurisdiction , shall be ac cording to the principles , rules , and usages which belong to courts of equity , and to courts of admiralty , respectively , as contradistinguished from the courts of common law , subject , however , to alterations by the courts . This act has been generally understood to adopt the principles , rules , and usages of the court of chancery in England . Manro v . Almedia , 10 Wheat . 473 ; 6 Cond . Rep . 190 .

( 6 ) The compensation to clerks of courts are regulated by the acts of March 3 , 1791 , chap . 22 , sec . 1 : act of May 8 , 1792 , chap . 36 , sec . 3 ; act of February 28 , 1799 , chap . 19 , sec . 3 ; act of April 18 , 1814 , chap . 79 ; act of March 8 , 1824 , chap . 26 ; act of March 3 , 1841 , chap . 35. Compensation of Marshals , act of March 3 , 1791 , chap . 22 , sec . 1 ; act of May 8 , 1792 , chap . 36 , sec . 3 ; act of February 28 , 1799 , chap . 19 , sec . 2 ; act of April 18 , 1814 , chap . 79 ; act of March 8 , 1824 , chap . 26 ; act of March 3 , 1841 , chap 35 .