565; U. S. v. City Bank, 19 How. 385; Brobst v. Brobst, 4 Wall. 2.) A certificate that the judges differ in opinion is not sufficient unless it states the points on which they differ. (Wolf v. Usher, 3 Peters, 269; Sadler v. Hoover, 7 How. 646.) There must be a distinct statement of what the question is (Sadler v. Hoover, 7 How. 646); a point of law, in precise form, upon a part of the case settled and stated (Daniel v. Railroad Co., 3 Wall. 250); a single material point in the progress of the cause (White v. Turk, 12 Peters, 238), and not on the whole facts of the case (Adams v. Jones, 12 Peters, 107); where the point of difference is to be ascertained from the whole record, jurisdiction will be refused (Wolf v. Usher, 3 Peters, 269; Saunders v. Gould, 4 Peters, 392; Nesmith v. Sheldon, 6 How. 41), and the cause remanded. (Webster v. Cooper, 10 How. 54.) The power of review is strictly confined to the questions certified. (Ward v. Chamberlin, 2 Black, 430.) Where several questions are certified, one being of jurisdiction, the question of jurisdiction must be first determined. (Stillman v. Hudson Riv. R. Co., 1 Black, 582.) Where the Supreme Court is equally divided, the case will be remitted to enable the court below to take such action as may be advised. (Hannauer v. Woodruff, 10 Wall. 482.) The question whether, upon all the facts specially found by the circuit court, when a trial by jury has been waived, the plaintiff has the legal right to recover, is not one which can be taken to the Supreme Court by a certificate of division of opinion. (State Bank v. St. Louis Railroad Co., 122 U. S. 21.)

Practice and procedure. -The law gives jurisdiction over the single point on which the judges were divided, and not over the whole case. (Wayman v. Southard, 10 Wheat. 20; Ogle v. Lee, 2 Cranch, 33.) If the division is merely formal and the whole case is certified, it will be dismissed for want of jurisdiction. (Luther v. Borden, 7 How. 1.) If they divide on the whole case and certify the whole case, it will be remanded (Saunders v. Gould, 4 Peters, 392; Harris v. Elliot, 10 Peters, 25; Adams v. Jones, 12 Peters, 207; White v. Turk, 12 Peters, 238; Dennistoun v. Stewart, 18 How. 565); and if the whole casc is sent up it will be dismissed, although it is divided

into points. (Nesmith v. Sheldon, 6 How. 41; Luther v. Borden, 7 How. 1; Webster v. Cooper, 19 How. 54; Dennistoun v. Stewart, 18 How. 565.) But if several questions involve but little beyond one point, they may be taken upon certificate. (Leland v. Wilkinson, 10 Peters, 294; United States v. Chicago, 7 How. 185.) If the facts are presented in a partial and imperfect form, the case will be remanded. (Perkins v. Hart, 11 Wheat. 237; United States v. City Bank, 19 How. 385; Ogilvie v. Knox Ins. Co., 18 How. 577.) If the particular point certified is not distinctly stated, the case will be dismissed. (Wolf v. Usher, 3 Peters, 269; Sadler v. Hoover, 7 How. 646.) If a certified question pertains to the jurisdiction of the circuit court, and the justices are divided in opinion, no decision will be made on the other points (Silliman v. Hudson Riv. R. Co., 1 Black, 582), and the case will be remanded. (Hannauer v. Woodruff, 10 Wall. 482.) The judgment upon a certificate of division will not prevent the bringing of a writ of error upon the final judgment. (Ogle v. Lee, 2 Cranch, 33.)

§ 131. Tennessee-When circuit judges may act as district judges.

§ 132. Adjournment-Non-attendance of the judge.

§ 133. Alabama, California and other States.

$134. Kentucky and Indiana.

§ 135. Intermediate terms.

§ 136. Business certified to circuit court in case of disability of district judge.

§ 137.

§ 138.

§ 139.

Suits brought in district court after order to certify to circuit court.
Powers of district judge vested, during disability, in circuit judge.
Preparatory examinations and orders in admiralty cases by district
clerk.

§ 140. District judge designated to perform duties of disabled judge.
§ 141. Designation of judge in case of accumulation of business.
§ 142. Designation of another judge to be by chief justice.

§ 144. $ 145

Duty of judge to comply with designation.

§ 146.

Designation of district judge when public interest requires.
Expenses by district judge designated to southern district of New
York.

§ 147. Of district judges in Florida.

§ 148.

§ 149.

Of judges of northern and southern district of New York,
When district judge of eastern district of New York may act in
southern district.

§ 150. When district judge is interested in suit pending before him.
§ 151. Continuance by vacancy in office of district judge..

§ 153.

§ 154.

Recognizances to a certain term in southern district of New York.
Special sessions for trial of criminal causes.

§ 155.

§ 156.

Special sessions for criminal trials near the place of the offense.
Adjourned terms, Missouri.

§ 164. Special term, business transacted at.

§ 165. Adjournment in absence of the judges.

§ 166. Adjournment in absence of the judges. by written orders.

§ 120. Terms of courts. The regular terms of the district courts shall be held at the times and places following, but when any of said dates shall fall on Sunday, the term shall commence on the following day. (Rev. Stats. sec. 572. U. S. v. Cornell, 2 Mason, 91.)

ALABAMAS

See

Northern district, Huntsville, first Monday in April; second Monday in October.1

Southern division, Birmingham, first Monday in March and September.2

Middle division, Montgomery, first Monday in May and November. 3

Southern district, Mobile, first Monday in May; fourth Monday in November.1

ARKANSAS.-Eastern district, Little Rock, first Monday in April and October.5

Eastern district, Helena, second Monday in March and October. "

Southern division, Texarkana, third Monday in May and November.7

Northern division, Fort Smith, first Monday in February, May, August and November.

CALIFORNIA. --Northern district, San Francisco, first Monday in February; second Monday in July; fourth Monday in November. 9

FED. PROC.-36.

Southern district, Los Angeles, second Monday in January and August.

10

COLORADO.-Denver, first Tuesday in May and Novem

ber.

Pueblo, first Tuesday in April.

Del Norte, first Tuesday in August.11

CONNECTICUT.-Hartford, fourth Tuesday in May; first Tuesday in December.

12

New Haven, fourth Tuesday in February and August. DELAWARE.-Wilmington, second Tuesday in January, April, June and September.

FLORIDA. --Northern District, Tallahassee, first Monday in February.

Pensacola, first Monday in March.

Jacksonville, first Monday in December.

Southern district, Key West, first Monday in May and November.

Tampa, second Monday in February. 13
GEORGIA.

Northern district, Atlanta, second Monday in March; first Monday in October.11

Western division, Columbus, second Monday in January and June, 15

Southern district, Macon, first Monday in May and October, 16

Savannah, second Tuesday in February, May, August and November. 17

Augusta, first Monday in April; third Monday in November. 18

IDAHO.-Boise City, first Monday in April and November. Moscow, first Monday in February and July.

Blackfoot, first Monday in May and September. 19 ILLINOIS.-Northern district, Chicago, first Monday_in March, May, July and October; third Monday in December.

Peoria, third Monday in April and October. 20

Southern district, Springfield, first Monday in January and June.

Quincy, first Monday in September.21

Cairo, first Monday in March and October. 22

Danville, first Monday in May.23

INDIANA. —Indianapolis, first Tuesday in May and November.