61. Although no act of congress author izes the circuit court to issue a certiorari to the district court for the removal of a cause, yet if the cause be so removed, and, instead of taking advantage of the irregularity in Fr time and in a proper manner, the,de fen ant makes the defence pleads to issoe, he thereby waives the objection, and the suit will considered as an original in circuit court, made so by consent of the parties. 2 Wheat. 221.
The circuit court may issue a writ of cedendo to the district court.
Equity Jurisdiction of the Circuit Courts.
62. Circuit courts are vested with equity jurisdiction in certain cases. The act of Sep tember 24, 1789, sect. 11, gives original cogni zance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners, or an alien is a, or the suit is between a citizen of the state where the suit brought and a citizen of another state.
63. The act of April 15, 1819, sect. 1, pro Vides "That the circuit court of the United States shall have original cognizance, as well in equity as at law, of all' actions, suits, con troversies, and cases arising under any law of the United States, granting or confirming to authors or inventors the exclusive right, to their respective writings, inventions, and dis coveries, and, upon any bill in equity filed by any party aggrieved in such ewe, shall have authority to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of, the rights of any authors or inventors secured to by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: provided, however, that from all judgments and decrees of any circuit courts rendered in the premises a writ of error or appeal, as the case may re quire, shall lie to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law in other and decrees of such circuit court. ' 64. By the act of August 23, 1842, sect. 5, it is enacted " That the district courts, as courts of admiralty, and the circuit courts, as courts of equity, shall be deemed always open for the purpose of filing libels, bills, peti tions, answers, pleas, and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, or ders, rules, and other proceedings whatever, preparatory to the hearing of all causes pending 'therein upon their merits. And it shall be competent for any judge of the court, upon reasonable notice to the parties, in the Jerk's office or at chambers, and in vaca tion as well as in term, to make and direct and award all such process, commissions, and interlocutory. orders, rules, and other pro the same are not grant, able of course according to the rules and practice of the court."
Criminal Jurisdiction of the Circuit Courts.
65. The often-cited eleventh section of the act of the 24th of September, 1789, gives the circuit courts exclusive cognizance of all crimes and offences under the authority of the United States, except where that act otherwise provides or the of the United States shall otherwise direct, concurrent jurisdiction with the district courts. of the crimes and offences cognizable therein. The jurisdiction of the circuit courts in cri minal cases is confined to offences committed within the district for which those courts re spectively sit, when they are committed on land. Serg. Const. Law, 129 ; 1 Gall. C. C. 488.
66. The Circuit Court of the District of Columbia. (Abolished by sect. 16 of act of March 3, 1863. See sect. 96, post.) The District Courts.
The act of 1789, o. 20, sect. 9, establishes the district courts, as follows :— " The district courts shall have, exclusively. of the courts of the several states, cognizance, of all crimes and offences that shall be zable under the authority of the United States, committed within their respective districts, or upon high seas, where no other ishment than whipping, not exceeding thirty stripes; exceeding one hundred: dollars, or a term of imprisonment not exceed ing six months, is to be inflicted ; and shall also have exclusive original cognizance of civil causes of admiralty and maritime juris diction, including all seizures under laws of impost, navigation, or trade of the, States, where the seizures are made on waters which are navigable from the sea by of ten or more tons burthen, within their re spective districts as well as upon the high, seas,,—saving to suitors, in all cases, the right of a common-law remedy where the common law is competent to give it ; and shall also have exclusive original cognizance of all seis ures on land or other waters than as aforesaid made, and of all suits for penalties and forfeit ures incurred under, the laws of the United States; and shall also have cognizance, con current with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States ; and shall also have cog nizance, concurrent, as last mentioned, of suits at common law where the United States sue, and the matter in dispute amounts, ex clusive of costs, to the sum or value of one hundred dollars ; and shall also have jurisdic tion, exchisively of the courts of the several, states, of all suits against consuls or vice-con suls, except for offences above the descrip tion aforesaid ; and the trial of issues in fact in district courts, in all causes except civil causes of admiralty and maritime juris diction, shall be by jury." This act allows appeals to the circuit court in certain cases.