« AnteriorContinuar »
Sec. 573. Effect of change of terms. No action, suit, proceeding or process in any district 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.
Sec. 574. Court always open as court of admiralty, for certain purposes.—The district courts, as courts of admiralty, and as courts of equity, so far as equity jurisdiction has been conferred upon them, shall be deemed always open, for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing, upon their merits, of all canses pending therein. And any district judge may, upon reasonable notice to the parties, make, and direct and award, at chambers, or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. 23 Aug., 1842, c. 188, s. 5, v. 5, p. 517.
SEC. 575. District court in southern district of Florida.—The district court for the southern district of Florida shall at all times be open, for the purpose of hearing and deciding causes of admiralty and maritime jurisdiction. 23 Feb., 1847, c. 20, s. 2, v. 9, p. 131.
SEC. 576. District courts in Wisconsin.-The district courts of the districts of Wisconsin shall at all times be open, for the purpose of hearing and deciding causes of admiralty and maritime jurisprudence, so far as the same can be done without a jury.
29 May, 1848, c. 50, s. 4, v. 9, p. 234; 29 June, 1870, c. 175, ss. 1, 3, v. 16, p. 171; 25 Feb., 1845, c. 20, v. 5, p. 726.
SEC. 577. Kentucky and Indiana; how terms may be held. - In the districts of Kentucky and Indiana, the terms of the district court shall not be limited to any particular number of days, nor shall it be necessary to adjourn by reason of the intervention of the term of the court elsewhere; but the court intervening may be adjourned over till the business of the court in session is concluded.
Ky., 15 May, 1962, c. 71, s. 6, v. 12, p. 386. Ind., 30 June, 1870, c. 180, 8. 6, v. 16, p. 175.
Sec. 578. Monthly adjournments for trial of criminal causes.-District courts shall hold monthly adjournments of their regular terms, for the trial of criminal canses, when their business requires it to be done, in order to prevent undue expenses and delays in such cases. 23 Aug., 1842, c. 188, s. 3, v. 5, p. 517.
Sec. 579. Adjourned terms.—The judge of any district court in Indiana, Kentucky, Louisiana, Michigan, Ohio, Pennsylvania, and Texas, may adjourn the same from time to time, to meet the necessities or convenience of the business.
Ind. 30 June, 1870, c. 180, s. 5, v. 16, p. 175. Ky., 15 May, 1862, c. 71, 8. 4, v. 12, p. 386. La., 20 July, 1854, c. 99, s. 1, v. 10, p. 307; 27 July, 1866, c. 280, s. 1, v. 14, p. 300. Mich., 24 Feb., 1863, c. 54, s. 2, v. 12, p. 661. Ohio, 10 Feb., 1855, c. 73, s. 2, v. 10, p. 605. Pa., 20 April, 1818, c. 108, s. 1, v. 3, p. 462; 26 May, 1824, c. 170, s. 1, v. 4, p. 50; 28 July, 1866, c. 304, s. 1, v. 14, p. 342. Tex., 21 Feb., 1857, c. 57, s. 2, v. 11, p. 164.
Adjourned session, the same term.-A court may adjourn to a dis, tant day, it being the exercise of a power common to all courts, where there is no law to prevent it; and the adjourned session is considered as the same term. Mechanic's Bank v. Withers, 6 Wh., 106.
Sec. 580. Adjourned terms in Kentucky and Indiana.—In the districts of Kentucky and Indiana the intervention of a term of the district court at another place, or of a circuit court, shall not preclude the power to adjourn over to a future day.
15 May, 1862, c. 71, s. 4, v. 12, p. 386; 30 June, 1870, c. 180, s. 5, v. 16, p. 175.
Sec. 581. Special terms.-A special term of any district court may be held at the same place where any regular terın is held, or at such other place in the district as the nature of the business may require, and at such time and upon
1. 3, p. 463; 1855, c. 73, s.2ch, 24 Feb., 1883; 10, p. 307; 2 , 71,
such notice as may be ordered by the district judge. And any business may be transacted at such special term which might be transacted at a regular term.
24 Sep., 1879, c. 20, s. 3, v. 1, p. 73. Ala., 6 Feb., 1839, c. 20, s. 2, v. 5, p. 315; 9 June, 1860, c. 85, s. 3, v. 12, p. 29. Ark., 15 June, 1836, c. 100, s. 4, v. 5, p. 51; 3 Mar., 1851, c. 24, s. 2, v. 9, p. 594. Cal., 28 Sept. 1850, c. 86, s. 3, v. 9, p. 522. Fla., 3 Mar., 1845, č. 75, s. 4, v. 5, p. 788; 23 Feb., 1847, c. 20, s. 2, v. 9, p. 131. ml., 3. Mar., 1851, c. 44, s. 1, v. 9, p. 606. Ind., 30 June, 1870, c. 180, s. 4, v. 16, p. 175. Ky., 15 May, 1862, c. 71, s. 4, v. 12, p. 386. N. C., 4 June, 1872, c. 282, s. 4, v. 17, p. 215. N. Y., 4 July, 1864, c. 245, s. 1, v. 13, p. 385. Tenn., 26 Jan., 1864, c. 5, s. 2, v. 13, p. 2. Va., 3 Feb., 1871, c. 35, s. 4, v. 16, p. 403. Wis., 29 May, 1848, c. 50, s. 4, v. 9, p. 234; 29 June, 1870, c. 175, s. 4, v. 16, p. 171,
Sec. 582. Tennessee; when circuit judges may act as district judges.-In the case of the non-attendance of the district judge of Tennessee, at any term of the district court in either of the districts thereof, the circuit justice, or circuit judge of the circuit to which such district belongs, may hold such term, and shall have and exercise the jurisdiction and powers given by law to a district judge.
3 Mar., 1843, c. 74, s. 2, v. 5, p. 610; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
Sec. 583. Adjournment in case of non-attendance of the judge. If the judge of any district court is unable to attend at the commencement of any regular, adjourned, or special term, the court may be adjourned by the marshal, by virtue of a written order directed to him by the judge, to the next regular term, or to an earlier day, as the order may direct. 24 Sept., 1789, c. 20, s. 6, v. 1, p. 76; 26 Mar., 1804, c. 44, v. 2, p. 291.
Sec. 584. Adjournment in case of non-attendance of the judge in certain districts. If the judge of any district court in Alabama, California, Georgia, Indiana, Iowa, Kentucky, North Carolina, Tennessee, or West Virginia is not present at the time for opening the court, the clerk may open and adjourn the court from day to day for four days; and if the judge does not appear by two o'clock after noon of the fourth day, the clerk shall adjourn the court to the next regular
term. But this section is subject to the provisions of the preceding and next sections.
Ala., 10 Mar., 1824, c. 23, s. 9, v. 4. p. 10; 6 Feb., 1839, c. 20, s. 10, v. 5, p. 316. Cal., 28 Sept., 1850, c. 86, s. 6, v. 9, p. 522. Ga., 18 Aug., 1843, c. 151, s. 10, v. 9, p. 281. Ind., 30 June, 1870, c. 180, s. 2, v. 16, p. 175. Towa 3 Mar., 1849, c. 124, s. 1, v. 9, p. 411. Ky., 15 May, 1862, c. 71, s. 2, v. 12, p. 336. N. C., 23 Jan., 1812, c. 17, s. 2, v. 2, p. 676. Tenn., 18 June, 1838, c. 118, s. 7, v. 5, p. 250. W. Va., 26 May, 1824, c. 167, s. 3, v. 4, p. 49.
Sec. 585. Adjournment in Kentucky and Indiana, by written order, within first three days of terms.In the districts of Indiana and Kentucky, the district judge, in the case provided in the preceding section, may, by a written order to the clerk within the first three days of his term, adjourn the district court to a future day within thirty days of the first day. The clerk shall give notice of such adjournment by posting a copy of said order on the front door of the court-house where the court is held. 15 May, 1862, c. 71, s. 2, v. 12, p. 386; 30 June, 1870, c. 180, s. 2, v. 16, p. 75.
Sec. 586. Intermediate terms in California, Iowa, and Tennessee ,—Whenever the judge of any district court in the districts of California, Iowa, and Tennessee fails to hold any regular term thereof, it shall be his duty, if it appears that the business of the court requires it, to hold an intermediate term. Such intermediate term shall be appointed by an order under his hand and seal, addressed to the clerk and marshal at least thirty days previous to the time fixed therein for holding it, and the order shall be published the same length of time in the several newspapers published within such districts respectively. And at such intermediate term the business of the court shall have reference to and be proceeded with in the same manner as if it were a regular term.
28 Sept., 1850, c. 80, s. 6, v. 9, p. 522; 3 Mar., 1849, c. 124, s. 1, v. 9, p. 411; 18 June, 1838, c. 118, s. 8, v. 5, p. 250; 18 June, 1839, c. 3, s. 1, v. 5, p. 313.
Sec. 587. Business certified to circuit court in case of disability of district judge.-When satisfactory evidence is shown to the circuit judge of any circuit, or, in his absence, to the circuit justice allotted to the circuit, that the judge of any district therein is disabled to hold a district court, and to perform the duties of his office, and an application accordingly is made in writing to such circuit judge or justice, by the district attorney or marshal of the district, the said judge or justice, as the case may be, may issue his order in the nature of a certiorari, directed to the clerk of such district court, requiring him forthwith to certify into the next circuit court to be held in said district all suits and processes, civil and criminal, depending in said district court, and undetermined, with all the proceedings thereon, and all the files and papers relating thereto. Said order shall be immediately published in one or more newspapers printed in said district, at least thirty days before the session of such circuit court, and shall be sufficient notification to all concerned; and thereupon the circuit court shall proceed to hear and determine the suits and processes so certified. And all bonds and rocognizances taken for, or returnable to, such district court, shall be held to be taken for, and returnable to, said circuit court, and shall have the same effect therein as they could have had in the district court to which they were taken. [See 637.]
2 Mar., 1809, c. 27, s. 1, v. 2, p. 534; 29 July, 1850, c. 30, s. 1, v. 9, p. 442; 2 April, 1852, c. 20, v. 10, p. 5; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
Sec. 588. Suits brought in district court after order to certify to circuit court.-When an order has been made as provided in the preceding section, the clerk of the district court shall continue, 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 that district; and the said court shall proceed to hear and determine them as provided in said section: Provided, That when the disability of the district judge ceases or is removed, the circuit court shall order all such suits and proceedings then pending and undetermined therein, in which the district courts have an exclusive original