Imágenes de páginas
PDF
EPUB

in case of the refusal of such clerk or person to comply with such demand, the said district judge shall compel the delivery of said records by attachment or otherwise, according to law.

22 Feb., 1847, c. 17, s. 1, v. 9, p. 128; 22 Feb., 1848, c. 12, ε. 2, v. 9, p. 212.

SEC. 569. Jurisdiction of district courts in cases transferred from territorial courts.-When any Territory is admitted as a State, and a district court is established therein, the said district court shall take cognizance of all cases which were pending and undetermined in the superior court of such Territory, from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals taken to the Supreme Court, and shall proceed to hear and determine the same. [See ? 704.]

22 Feb., 1847, c. 17, s. 1, v. 9, p. 128; 22 Feb., 1848, c. 12, s. 2, v. 9, p. 212.

Sec. 570. Commissioners to administer oaths to appraisers.-Any district judge may appoint commissioners, before whom appraisers of vessels or goods and merchandise seized for breaches of any law of the United States, may be sworn; and such oaths so taken, shall be as effectual as if taken before the judge in open court. [See $ 938.] 9 June, 1794, c. 64, s. 1, v. 1, p. 395.

SEC. 571. Certain district courts to have circuit judge jurisdiction.-[The district courts for the western district of Arkansas, the northern district of Mississippi, the western district of South Carolina, and the district of West Virginia, shall have, in addition to the ordinary jurisdiction of district courts, jurisdiction of all causes, except appeals and writs of error, which are cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court.] [The district courts for the western district of Arkansas, the eastern district of Arkansas, at Helena, the northern district of Mississippi, the western district of South Carolina, and the district of West Virginia, shall have, in addition to the ordi

nary jurisdiction of district courts, jurisdiction of all causes, except appeals and writs of error, which are cognizable in a circuit court, and shall proceed therein in the same manner as a circuit conrt.]

That part in italic has been repealed, and is substituted by Ch. 41, Jan., 1877. .

Ark., 3 Mar., 1851, c. 24, s. 3, v. 9, p. 595. Ga., 11 Aug., 1848, c. 151, s. 8, v. 9, p. 281. Miss., 16 Feb., 1839, c. 27, s. 1, v. 5, p. 317. S. C., 21 Feb., 1823, c. 11, v. 3, p. 726; 16 Aug., 1856, c. 119, ss. 1, 3, v. 11, p. 43. W. Va., 4 Feb., 1819, c. 12, s. 2, v. 3, p. 479; 3 Mar., 1837, c. 34, s. 3, v. 5, p. 177; 28 Mar., 1838, c. 46, s. 1, v. 5, p. 215; 11 June, 1864, c. 120, s. 1, v. 13, p. 124; 4 June, 1872, c. 284, s. 1, v. 17, p. 218; 31 Jan., 1877, c. 41, v. 19, p. 230.

CHAPTER IV.

DISTRICT COURTS-SESSIONS.

Sec.

| Sec. 572. Terms of district courts. 590. Preparatory examinations and 573. Effect of altering terms of dis orders in admiralty cases, by trict courts.

district clerks. 574. Court always open as court of 591. District judges designated to

admiralty, for certain pur perform duties of disabled poses.

judge. 575. District court in southern dis- 592. Designation of another judge in trict of Florida.

case of accumulation of busi576. District courts in Wisconsin.

ness. 577. Kentucky and Indiana; how 593. When designation of another terms are to be held.

judge to be by Chief Justice 578. Monthly adjournments for trial United States. of criminal causes.

594. Revocation and new appoint579. Adjourned terms.

ment. 580. Adjourned terms in Kentucky 595. Duty of district judge to comply and Indiana.

with designation and appoint581. Special terms.

ment. 582. Tennessee; when circuit judges 596. Designation of district judge may act as district judges.

when public interest requires. 583. Adjournment in case of non-at- 597. Expenses of a district judge destendance of the judge.

L i gnated to southern district of 584. Adjournment in case of non-at New York.

tendance of the judge, in cer- 598. Disability of district judges in tain districts.

Florida. 585. Adjournment in Kentucky and 599. Disability of judge of northern

Indiana, by written order, and southern districts of New within first three days of terms.

York. 586. Intermediate terms in Califor-1600. When district judge of eastern nia, Iowa and Tennessee.

district of New York may act 587. Business certified to circuit court in southern district.

in case of disability of district 601. When district judge is interjudge.

ested in suit pending before 588. Suits brought in district court him.

after order to certify to circuit | 602. Continuances by vacancy in ofcourt.

fice of district judge. 589. Powers of district judge vested, 603. Vacancy in office of district

during disability, in circuit judge.

judge. SEC. 572. Terms of district courts.-The regular terms of the district courts shall be held at the times and places fol

lowing, but when any of said dates shall fall on Sunday, the term shall commence on the following day:

ALABAMA. In the southern district of Alabama, at Mobile, on the fourth Monday in December and the first Monday of June of each year.

In the middle district of Alabama, at Montgomery, on the first Monday in May and first Monday in November.

In the northern district of Alabama, at Huntsville, on the first Monday of April and second Monday of October in each year.

7 Aug., 1848, c. 343, ss. 1, 2, v. 9, p. 274. 4 May, 1852, c. 25, s. 1, v. 10, p. 5. 2 Mar., 1827, c. 41, s.1, v. 4, p. 226. 9 June, 1860, c. 85, s. 1, v. 12, p. 28. 22 June, 1874, c. 43, s. 11, p. 195. g. 1, v. 12, p. 28. 23 June, 1874, c. 463, v. 18, p. 251. 22 June, 1874; 43 C., 1st Sess., p. 195.

ARKANSAS. [In the eastern district of Arkansas, at Little Rock, on the first Monday in April and October.

In the western district of Arkansas, at Fort Smith, on the second Monday in May and November, and at Helena on the second Monday in March and September.]

[In the eastern district of Arkansas, at Little Rock, on the first Monday in April and October, and at Helena on the second Monday in March and October.

In the western district of Arkansas, at Fort Smith, on the first Monday in February, May, August and November.) That part of the above section in italic is repealed.

15 June, 1836, c. 100, s. 4, v. 5, p. 51. 3 Mar., 1839, c. 81, s. 5, v. 5, p. 337. 3 Mar., 1851, c. 24, s. 2, v. 9, p. 594. 3 Mar., 1871, c. 106, ss. 1, 5, v. 16, pp. 471, 472. 31 Jan., 1877, c. 41, v. 19, p. 230.

CALIFORNIA. In the district of California, at San Francisco, on the second Monday of February, July and December of each year.

19 Feb., 1864, c. 11, s. 8, v. 13, p. 5. June, 1874, 43 C., 1st Sess., p. 76. COLORADO. CHAP. 82.-An Act to provide for holding term of the circuit and dis

trict courts in the district of Colorado. Special terms of courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit and district courts of the district of Colorado may, when the public interests require it, order a special terın, to be held at such time and place as said courts may designate: Provided, that no special term of the circuit court shall be held except with the consent of the circuit judge of the circuit, that the circuit or district court may order a grand or petit jury, or both, to attend such special term, by an order entered of record at least thirty days before the day on which such special term shall convene. Notice of such special term shall be published weekly for four con. secutive weeks in a newspaper published at the capital of the State. And when a circuit and district court shall be held at the same time and place, the same panel of jurors shall serve in both courts.

SECTION 2. Divisions.—That for the trial and deterinination of all causes and proceedings cognizable and triable in the district court of the United States for the district of Colorado, as established by the act entitled, “An act to further the administration of justice in the State of Colorado," approved June twenty-six, eighteen hundred and seventy-six, the said district shall be separated into three divisions, as follows: All that part of said district lying within the following named counties as now constituted, to-wit: the counties of Bent, Las Animas, Pueblo, Huerfano, Fremont and Custer shall constitute the southern division and a regular term of said court for said division shall be held annually at Pueblo, to commence on the first Tnesday in February; all that part of said district lying within the following named counties, to-wit: the counties of Costilla, Conejos, Rio Grande, Saguache, Gunni. son, Hinsdale, San Juan, Ouray and La Plata, together with all that part of the Ute Indian reservation lying south of the

« AnteriorContinuar »