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shall be advertised in some newspaper printed in St. Louis; and in the western district a copy of the order shall be posted on the door of the court-room and advertised in some newspaper printed in the city of Jefferson, at least twenty days before the adjourned term is held. At such adjourned term any business may be transacted which might be transacted at a regular term. (Rev. Stats. sec. 663.) See Mechanics Bank v. Withers, 6 Wheat. 106; Anon., 1 Cranch C. C. 159.

§ 157. California, Oregon and Nevada, special sessions. In the districts of Calfornia, Oregon, and Nevada the circuit justice or circuit judge may appoint special sessions of the circuit courts, to be held at the places where the regular sessions are held, by an order under his hand and seal directed to the marshal and clerk of such court, at least fifteen days before the time fixed for the commencement of such special sessions. Said order shall be published by the marshal in one or more of the newspapers within the district where such sessions are to be held. (Rev. Stats. sec. 664.)

§ 158. Kentucky and Indiana, special terms.—In the districts of Kentucky and Indiana the district judge, and in his absence the circuit justice or circuit judge, may, by a written order to the clerk of the circuit court, appoint a special term of such court; and by said order the judge may prescribe the duties of the officers of the court in summoning juries, and in the performance of other acts necessary for the holding of such special term; or the court may by its order, after it is

opened, prescribe the duties of his officers, and the mode of proceeding, and any of the details thereof. Notice of such special term shall be given by the clerk by posting a copy of said order on the front door of the court-house where the court is to be held, and by publishing the same in one or more newspapers in the same place. (Rev. Stats. sec. 665.)

$ 159.

Mississippi, special terms.That the judge of the United States courts for said northern district may, by order from time to time, appoint and hold additional special terms of said courts, for the disposal of the unfinished business thereof, whenever the interests of the public and the condition of the docket shall so require; provided, that there shall not be more than two such special terms in any one year in each division, nor for a longer period than twelve judicial days for each special term. (22 U. S. Stats. 101.) § 160. Tennessee, special terms.-.--In each of the districts of Tennessee the judges of the circuit court may appoint special terms thereof, to be held at the place where the regular terms are held; and notice of such special term shall be published for four consecutive weeks in at least one newspaper printed at the place where the court is to be held. (Rev. Stats. sec. 666.)

§ 161. North Carolina, special terms. In each of the districts of North Carolina the circuit court may order special terms thereof, to be held at such times and places in said district as the court may designate; provided, that no special term

of the circuit court for either district shall be appointed, except by and with the concurrence and consent of the circuit judge. (Rev. Stats. sec. 667.)

§ 162. Virginia and Wisconsin, special terms.—In each of the districts of Virginia and of Wisconsin, the circuit court may order special terms, and direct the grand or petit jury, or both, to attend the same, by an order to be entered of record twenty days before the day on which such special term is to convene; provided, that no special term of such circuit courts shall be appointed in any of the said districts, except by and with the concurrence and consent of the circuit judge. (Rev. Stats. sec. 668.)

§ 163. Special terms, general rule.-In the districts not mentioned in the five preceding sections, the presiding judge of any circuit court may appoint special sessions thereof, to be held at the places where the regular sessions are held. (Rev. Stats. sec. 669.)

§ 164. Special terms, business transacted at.-At any special term of a circuit court in any district in Indiana, Kentucky, Missouri, North Carolina, Virginia, and Wisconsin, any business may be transacted which might be transacted at any regular term of such court. At any special term of a circuit court in any other district, it shall be competent for the court to entertain jurisdiction of and to hear and decide all cases in equity, cases in error or on appeal, issues of law, motions in arrest of judgment, motion for a new trial, and all other motions, and to award executions

and other final process, and to do and transact all other business, and direct all other proceedings, in all causes pending in the circuit court, except trying any cause by a jury, in the same way and with the same effect as the same might be done at any regular session of said court. (Rev. Stats. sec. 670.)

§ 165. Adjournment in absence of the judges. If neither of the judges of a circuit court is present to open any session, the marshal may adjourn the court from day to day until a judge is present; provided, that if neither of them attends before the close of the fourth day after the time appointed for the commencement of the session, the marshal may adjourn the court to the next regular term. (Rev. Stats. sec. 671.)

§ 166. Adjournment in absence of the judges, by written order.-If neither of the judges of a circuit court be present to cpen and adjourn any regular or adjourned or special session, either of them may, by a written order, directed alternatively to the marshal, and in his absence to the clerk, adjourn the court from time to time, as the case may require, to any time before the next regular term. (Rev. Stats. sec. 672.)

CHAPTER X.

CIRCUIT COURT OF APPEALS.

§ 167. Additional circuit judges to be appointed-Qualifications, etc
§ 168. Circuit court of appeals created-Composition-General powers-
Marshal-Clerk-Salaries-Cost, etc.

§ 163. Rules, etc.

§ 170. Constitution of court-Precedence.

§ 171. Service of district judges-Proviso-No judge to sit on appeal om
his court.

§ 172. Terms-Regular-Additional-First term.

§ 173.

§ 174.

Change of date.

No appeal allowed from district to circuit courts-Appeals, etc,
from circuit court.

§ 175. Appeals allowed direct to Supreme Court-Jurisdiction-Questions
-Prizes-Capital crimes-Constitutional questions-Construc-
tion of law, treaty, etc.-Conflict of laws.

§ 176. Appeals from highest State court not affected.

$177. Jurisdiction-What judgment final.

§ 178. Certiorari to Supreme Court.

§ 179.

Appeals and writs of error to Supreme Court.

§ 180.

§ 181. Expenses of attending judges.

§ 182. Court-rooms and officers

Appeal in equity causes-Proviso-To be taken in thirty days.

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§ 187. Appeals to Supreme Court-Inconsistent laws repealed.
§ 188. Jurisdiction in cases from territorial supreme courts.

§ 167. Judges – Appointment, quali-
fications, etc.-There shall be appointed by the
president of the United States, by and with the
advice and consent of the senate, in each circuit
an additional circuit judge, who shall have the
same qualifications, and shall have the same power

FED. PROC.-39.

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