« AnteriorContinuar »
October; and at Abingdon, on the Tuesday after the fourth Monday in May and October.
3 Feb., 1871, c. 35, s. 3, v. 16, p. 403; 1 Feb., 1872, c. 10, v. 17, p. 27; 13 April, 1872, c. 99, v. 17, p. 52.
WEST VIRGINIA. CHAP. 9.-An Act changing the time of holding the terms of the United
States circuit court for the district of West Virginia. West Virginia - time for holding term of circuit court at Parkersburg.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the circuit court of the United States for the district of West Virginia shall be held at Parkersburg on the tenth days of January and June. And when either of said dates shall fall on Sunday the term shall commence on the following Monday. And all pending cases, process, rules and proceedings shall be conducted in the same manner and with the same effect as to time as if this act had not passed.
Approved, December 21, 1878. 3 Mar., 1837, c. 34, s. 2, v. 5, p. 177; 26 June, 1856, c. 48, s. 2, v. 11, p. 23; 11 June, 1864, c. 120, s. 1, v. 13, p. 124; 27 July, 1866, Res. No. 90, v. 14, p. 369.
WISCONSIN. In the eastern district of Wisconsin, at Oshkosh, on the second Tuesday in July; and at Milwaukee, on the first Monday in January and October.
In the western district of Wisconsin, at Madison, on the first Monday in June; and at La Crosse, on the third Tuesday in September.
29 June, 1870, c. 175, ss. 2, 3, v. 16, p. 171; 9 May, 1872, c. 143, s. 1, v. 17, p. 88; 16 June, 1874, c. 286,-0. 18, p. 75; 16 June, 1874, c. 287, v. 18, p. 76; 22 June, 1874, c. 401, 88. 6, 7, v. 18, p. 195; 16 June, 1874, p. 75.
Sec. 659. Recognizances to a certain term in southern district of New York.-All recognizances and bailbonds taken in criminal cases for an appearance at a circnit court in the southern district of New York, conditioned upon an appearance at the next one of the terms appointed by the act of February seven, eighteen hundred and seventy-three, shall be valid. 7 Feb., 1873, c. 120, s. 2, v. 27, p. 423.
SEC. 660. Effect of altering terms of circuit courts.No action, suit, proceeding or process in any circuit court shall abate or be rendered invalid by reason of any act changing the time of holding such court; but the same shall be deemed to be returnable to, pending and triable in the terms established, next after the return day thereof.
SEO. 661. Special sessions for trial of criminal causes.-Any circuit court may, at its own discretion, or at the discretion of the Supreme Court, hold special sessions for the trial of criminal causes. 24 Sept., 1789, c. 20, s. 5, v. 1, p. 75.
SEC. 662. Special sessions for criminal trials near the place of the offense.—The Supreme Court, or when the court is not sitting, any circuit justice or circuit judge, together with the judge of the proper district, may direct special sessions of a circuit court to be held, for the trial of criminal causes, at any convenient place within the district nearer to the place where the offenses are said to be committed than the place appointed by law for the stated sessions. The clerk of such court shall, at least thirty days before the commencement of such special session, cause the time and place for holding it to be notified, for at least three weeks consecutively, in one or more of the newspapers published nearest to the place where it is to be held. All process, writs and recog. nizances respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at such special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto. Any such session may be adjourned from time to time previous to the next stated term of the court; and all business depending
for trial at any special session shall, at the close thereof, be considered as removed to the next stated term. 2 Mar., 1793, c. 22, s. 3, v. 1, p. 334; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
SEC. 663. Adjourned terms-Missouri.-The circuit courts for the several districts of Missouri may, at any time, order adjourned terms thereof. In the eastern district a copy of the order shall be posted on the door of the court-room, and shall be advertised in some newspaper printed in Saint 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 news paper 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. . 8 June, 1872, c. 334, s. 3, v. 17, p. 283.
Sec. 664. California, Qregon and Nevada-special sessions.- In the districts of California, 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.
19 Feb., 1864, c. 11, s. 3, v. 13, p. 4; 3 Mar., 1863, c. 100, s. 1, v. 12, p. 794; 27 Feb., 1865, c. 61, s. 2, v. 13, p. 440; 10 April, 1868, c. 22, s. 2, v. 16, p. 44; 16 June, 1874, c. 287, v. 18, p. 76.
SEC. 665. 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 its officers, and the inode 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 courthouse where the court is to be held, and by publishing the same in one or more newspapers in the same place.
15 May, 1862, c. 71, s. 2, v. 12, p. 386; 30 June, 1870, c. 180, s. 2, v. 16, p. 175.
SEC. 666. 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 terms shall be published, for four consecutive weeks, in at least one newspaper printed at the place where the court is to be held.
26 Jan., 1864, c. 5, s. 2, v. 13, p. 2.
Sec. 667. 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. 4 June, 1872, -. 282, s. 4, v. 17, p. 215.
SEC. 668. Virginia-Wisconsin- special terms.-In each of the districts of Virginia and of Wisconsin the circuit court may order special terms and direct a 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.
29 June, 1870, c. 175, s. 4, v. 16, p. 171; 3 Feb., 1871, c. 35, s. 4, v. 16, p.
Sec. 669. Special terms-general rule.-In the districts not mentioned in the five preceding sections, the presiding jndge of any circuit court may appoint special sessions thereof, to be held at the places where the regular sessions are held. 4 July, 1840, c. 43, s. 2, v. 5, p. 393.
Sec. 670. Special terms-business transacted at.-At any special term of a circuit court in any district in Indiana, Kentucky, Missonri, 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 conrt 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.
15 May, 1862, c. 71, s. 2, v. 12, p. 386; 30 June, 1870, c. 180, s. 2, v. 16, p. 175; 21 Feb., 1855, c. 118, s. 3, v. 10, p. 612; 29 June, 1870, c. 175, s. 4, v. 16, p. 171; 3 Feb., 1871, c. 35, s. 4, v. 16, p. 403; 4 July, 1840, c. 43, s. 2, v. 5, p. 393; 26 Jan., 1864, c. 5, s. 2, v. 13, p. 2; 19 Feb., 1864, c. 11, s. 3, v. 13, p. 4; 27 Feb., 1865, c. 64, s. 7, v. 13, p. 440; 4 June, 1872, c. 282, s. 4, v. 17, p. 215.
SEC. 671. 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.
24 Sept., 1789, c. 20, s. 6, v. 1, p. 76; 19 May, 1794, c. 32, v. 1, p. 369; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.