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ability of the district judge, the district clerk is authorised, by order of the circuit judge, or, in his absence, of the circuit justice, within whose circuit such district is included, to take during such disability all examinations and depositions of witnesses, and make all necessary rules and orders preparatory to the final hearing of all causes of admiralty and maritime jurisdiction. When any district judge is prevented by any disability from holding any stated or appointed term of his district court, or of the circuit court in his district, in the absence of the other judges, and that fact is made to appear by the certificate of the clerk under the seal of the court to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may, if in his judgment the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said courts, and to discharge all the judicial duties of the judge so disabled during such disability. appointment is filed in the clerk's office and entered on the minutes of the said district court, and a certified copy thereof under the seal of the court is transmitted by the district clerk to the judge so designated and appointed. When, from the accumulation or urgency of business in any district court, the public interests require the designation and appointment, and the fact is made to appear by the certificate of the clerk under the seal of the court, to the circuit judge, or in his absence to the circuit justice of the circuit in which the district lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first named the same powers that are vested in the

der is immediately published in one or more newspapers printed in the district, at least thirty days before the session of such circuit court, and is sufficient notification to all concerned: and thereupon the circuit court proceeds to hear and determine the suits and processes so certified. And all bonds and recognisances taken for or returnable to such district court are held to be taken for and returnable to said circuit court, and have the same effect therein as they could have had in the district court to which they were taken. When an order has been thus made, the clerk of the district court continues, during the disability of the district judge, to certify as aforesaid all suits, pleas, and processes, civil and criminal, thereafter begun in said court, and to transmit them to the circuit court next to be held in the district: and the said court hears and determines them as stated. When the disability of the district judge ceases or is removed, the circuit court orders all such suits and proceedings then pending and undetermined therein, to which the district courts have an exclusive original cognisance, to be remanded, and the clerk of such court transmits the same, with all matters relating thereto, to the district court next to be held in that district; and the same proceedings are then had in the district court as would have been had if such suits had originated or been continued therein. In the case of such certification, &c., the circuit judge and, in his absence, the circuit justice, have and exercise during such disability all the powers of every kind vested by law in the district judge; but they are not required to hold any special court, or court of admiralty, at any other time than that fixed by law for holding the circuit court in said district. When the business of a district court is certified into the circuit court on account of the dis- | judge thereof; and each of the said

Such

district judges may, in case of such appointment, hold separately at the same time a district or circuit court in such district, and discharge all the judicial duties of a district judge therein; but no such judge hears appeals from the district court. If the circuit judge and circuit justice are absent from the circuit, or are unable to execute these provisions, or if the district judge so designated is disabled or neglects to hold the courts and transact the business for which he is designated, the district clerk certifies the fact to the Chief-Justice of the United States, who may thereupon designate and appoint, in the manner stated, the judge of any district within such circuit, or within any circuit next contiguous, and said appointment is transmitted to the district clerk, and is noted by him as already stated. The circuit judge or circuit justice, or the Chief-Justice, as the case may be, may from time to time, if in his judgment the public interests so require, make a new designation and appointment of any other district judge within the said circuits for the duties and with the said powers, and revoke any previous designation and appointment.

It is the duty of the district judge who is designated and appointed as stated to discharge all the judicial duties for which he is so appointed during the continuance of such disability, or, in the case of an accumulation of business, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, have the same effect and validity as if done by or before the district judge of the said district. It is the duty of every circuit judge, whenever in his judgment the public interest so requires, to designate and appoint in the manner and with the powers mentioned, the district judge

of any judicial district within his circuit to hold a district or circuit court in the place or in aid of any other district judge within the same circuit; and it is the duty of the district judge so designated and appointed to hold such district or circuit court, their proper expenses, while holding court outside of their districts, being allowed and paid. Whenever it appears that the judge of any district court is in any way concerned in interest in any suit pending therein, or has been of counsel for either party, or is so related to or connected with either party, as to render it improper, in his opinion, for him to sit on the trial, it is his duty, on application by either party, to cause the fact to be entered on the records of the court; and also an order that an authenticated copy thereof, with all the proceedings in the suit, shall be forthwith certified to the next circuit court for the district; and, if there be no circuit court therein, to the next circuit court in the state; and if there be no circuit court in the state, to the next convenient circuit court in an adjoining state; and the circuit court, upon the filing of such record with the clerk, takes cognisance of and proceeds to hear the case in like manner as if it had originally and rightfully been commenced therein. When the office of judge of any district court is vacant, all process, pleadings, and proceedings pending before such court are continued, of course, until the next stated term after the appointment and qualification of his successor; except that, in any district in a state containing two or more districts, the judge of the other or of either of the other districts may hold the district court or the circuit court, in case of the sickness or absence of the other judges thereof, in the district where the vacancy occurs, and discharge all the judicial duties of judge

of such district during such vacancy; and all the acts and proceedings in said courts by or before such judge of an adjoining district, have the same effect and validity as if done by or before a judge appointed for such district.

JUDICIAL CIRCUITS.

The judicial districts of the United States are divided into nine circuits, as follows:

1. The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and Maine.

2. The second circuit includes the districts of Vermont, Connecticut, and New York.

3. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware.

4. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

5. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.

6. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee.

7. The seventh circuit includes the districts of Indiana, Illinois, and Wisconsin.

8. The eighth circuit includes the districts of Colorado, Nebraska, Minnesota, Iowa, Missouri, Kansas, and Arkansas.

9. The ninth circuit includes the districts of California, Oregon, and Nevada.

CIRCUIT COURTS.

The words "circuit justice " and "justice of a circuit," when used, are to be understood to designate the justice of the supreme court who is allotted to any circuit; but the word "judge," when applied generally to any circuit, is to be understood to

include such justice. The Chief-Justice and associate justices of the Supreme Court are allotted among the circuits by an order of the court, and a new allotment is made whenever it becomes necessary or convenient, by reason of the alteration of any circuit, or of the new appointment of a chief-justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it is made by the Chief-Justice, and is binding until the next term, and until a new allotment by the court. For each circuit there is appointed a circuit judge, who has the same power and jurisdiction therein as the justice of the Supreme Court allotted to the circuit, and is entitled to receive a salary at the rate of $6000 a-year, payable quarterly. Every circuit judge resides within his circuit. Circuit courts are established as follows: one for the three districts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi and for each district in the states not named; and are called the circuit courts for the districts for which they are established.

Circuit courts are held by the circuit justice, or by the circuit judge of the circuit, or by the district judge of the district, sitting alone, or by any two of the said judges sitting together. It is the duty of the ChiefJustice, and of each justice of the Supreme Court, to attend at least one term of the circuit court in each district of the circuit to which he is allotted during every period of two years. Cases may be heard and tried by each of the judges holding a circuit court, sitting apart, by direction of the presiding justice or judge, who designates the business to be done by each. Circuit courts may be

held at the same time in the different districts of the same circuit.

The terms of the circuit court for

the southern district of New York, appointed exclusively for the trial and disposal of criminal business, may be held by the circuit judge of the second judicial court, and the district judges for the southern and eastern districts of New York, or any one of said three judges, and at every such term held by said judge of said eastern district he receives the sum of $300, the same to be paid in the manner prescribed by law for the payment of the expenses of another district judge ($10 a-day), while holding court in said district. A district judge sitting in a circuit court does not give a vote in any case of appeal or error from his own decision; but a cause may, by consent of parties, be heard and disposed of by him when holding a circuit court sitting alone. When he holds a circuit court with either of the other judges, the judgment or decree in such cases is rendered in conformity with the opinion of the presiding justice or judge. When it appears, in any civil suit in any circuit court, that all of the judges thereof who are competent by law to try said case are in any way interested therein, or have been of counsel for either party, or are so related or connected with either party as to render it, in the opinion of the court, improper for them to sit in such trial, it is the duty of the court, on the application of either party, to cause the fact to be entered on the records, and to make an order that an authenticated copy thereof, with all the proceedings in the case, shall be forthwith certified to the most convenient circuit court in the next adjoining state or in the next adjoining circuit; and said court shall, upon the filing of such record and order with its clerk, take cognisance of and proceed to hear and determine the case, in the same manner as if it had been rightfully and originally commenced there

in; and the proper process for the due execution of the judgment or decree rendered in the cause shall run into, and may be executed in, the district where such judgment or decree was rendered, and also into the district from which the cause was removed. The circuit justice or the circuit judge of any circuit may order any civil cause, which is so certified into any court of the circuit, to be certified back to the court whence it came; and then the latter proceeds therein as if the cause had not been certified from it. But if for any reason it be improper for the judges of such court to try the cause so certified back, it shall be tried by some other judge holding such court, whom the circuit justice may in writing request to hold such court, the request being entered upon the journal of the circuit court so held. Thereupon it is lawful for the justice so requested to hold such court, and to exercise within and for said district, during the time named in said request, all the powers of the justice of such circuit.

Whenever, by reason of death or resignation, no justice is allotted to a circuit, the Chief-Justice of the Supreme Court may make a similar request, which has effect in like manner until a justice is allotted to such circuit.

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A clerk is appointed for each circuit court by the circuit judge of the circuit, except in cases otherwise provided for by law. Every clerk of the circuit or district United States marshal, and United States district-attorney, must reside permanently in the district where his official duties are to be performed, and give his personal attention thereto; and in case any such officer removes from his district or fails to give personal attention to the duties of his office, except in case of sickness, such office is deemed vacant, provided that in the southern district

Jurisdiction of Circuit Courts.

of New York said officers may reside | United States courts can hold or within twenty miles of their dis- exercise the duties of commissioner tricts. No civil officer of the Gov- of any circuit court. ernment receives any compensation or perquisites, directly or indirectly, from the Treasury or property of the United States beyond his salary or compensation allowed by law; but this does not prevent the employment and payment by the Department of Justice of district-attorneys as now allowed by law, for the performance of services not covered by their salaries or fees. One or more deputies of any clerk of a circuit court may be appointed by such court on the application of the clerk, and may be removed at the pleasure of judges authorised to make the appointment. In case of the death of the clerk, his deputy or deputies, unless removed, continue in office, and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasance in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties in his official bond are liable; and his executor or administrator has such remedy for any such defaults or misfeasance committed after his death as the clerk would be entitled to if the same had occurred in his lifetime.

The compensation of deputies of clerks of the circuit courts is paid by the clerks respectively, and allowed in the same manner that other expenses of the clerks' offices are paid and allowed.

Each circuit court may appoint, in different parts of the district for which it is held, so many discreet persons as it may deem necessary, who are called "commissioners of the circuit courts," and exercise the powers which are or may be expressly conferred by law upon commissioners of circuit courts. No marshal or deputy-marshal of any of the

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The circuit courts of the United States have original cognisance, 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 $500, and arising under the Constitution or laws of the United States, or treaties made under their authority, or in which the United States are plaintiffs or petitioners, or in which there is a controversy between citizens of different states or a controversy between citizens of the same state, claiming lands under grants of different states, or a controversy between citizens of a state and foreign states, citizens, or subjects. And these courts have exclusive cognisance of all crimes and offences cognisable under the authority of the United States, except as otherwise provided by law, and concurrent jurisdiction with the district courts of the crimes and offences cognisable therein. Circuit courts have exclusive jurisdiction of piracy upon the high seas and accessories thereto, treason, and murder, in certain places within the territorial or maritime jurisdiction of the United States, which are offences punishable by death. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before either of said courts against any person, by any original process or proceeding, in any other district than that whereof he is an inhabitant, or in which he is found at the time of serving such process or commencing such proceeding, except as stated below. No circuit or district

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