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cognizance, to be remanded, and the clerk of such court shall transmit the same, with all matters relating thereto, to the district court next to be held in that district; and the same proceedings shall then be had in the district court as would have been had if such suits had originated or been continued there
2 Mar., 1809, c. 27, s. 2, v. 2, p. 535.
Under the Act of March 2, 1809 it has been decided that if the disability of the district judge terminates in his death, the circuit court should remand the causes, sent to it from the district court in consequence of the disability; that the meaning of the statute (which only provided for transfer during disability) must be, thåt while there is a judge in office who is disabled to hold a court, his duties shall be performed by the circuit court during the disability; and that with his death the disability ceases, and a vacancy occurs in the office. Ex parte The United States, 1 Gallis., 338. But there is provision for such a case in the act of 1789, and the present law. Rev. Stat., S 602.
Sec. 589. Powers of district judge vested, during disability, in circuit judge.- In the case provided in the two preceding sections the circuit judge and in his absense the circuit justice, shall have and exercise, during such disability, all the powers of every kind vested by law in such district judge. But this provision does not require them to hold any special court, or court of admiralty, at any other time than that fixed by law for holding the circuit court in said district. 2 Mar., 1809, c. 27, s. 2, v. 2, p. 534.
SEC. 590. Preparatory examinations and orders in admiralty cases by district clerk.--When the business of a district court is certified into the circuit court on account of the disability of the district judge, the district clerk shall be authorized, by order of the circuit judge, or, in his absence, of the circuit justice within whose circuit such district is included, to take, during such disability, all examinations and depositions of witnesses, and make all necessary rules and orders, preparatory to the final hearing of all causes of admiralty and maritime jurisdiction.
2 Mar., 1809, c. 27, s. 3, v. 2, p. 535; 10 April, 1869, c. 22, s. 2, v. 16, p. 44; 18 Feb., 1875, c. 18, v. 18, p. 317.
Sec. 591. District judge designated to perform duties of disabled judge.- When any district judge is prevented, by any disability, from holding any stated or appointed term of his district court, or of the circuit court in his district in the absence of the other judges, and that fact is made to appear by the certificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may, if in his judginent the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said courts, and to discharge all the judicial duties of the judge so disabled, during such disability. Such appointment shall be filed in the clerk's office, and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the district clerk to the judge so designated and appointed.
29 July, 1850, c. 30, s. 1, v. 9, p. 442; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
SEC. 592. Designation of another judge in case of accumulation of business.-When, from the accumulation or urgency of business in any district court, the public interests require the designation and appointment hereinafter provided, and the fact is made to appear, by the certificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first camed the same powers that are vested in the judge thereof; and each of the said district judges may, in case of such appointment, hold separately at the same time a district or circuit court in such district, and discharge all the judicial duties of a district judge therein; but no such judge shall hear appeals from the district court.
2 April, 1852, c. 20, v. 10, p. 5; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
Sec. 593. When designation of another judge to be by Chief Justice United States.- If the circuit judge and circuit justice are absent from the circuit, or are unable to execute the provisions of either of the two preceding sections, or if the district judge so designated is disabled or neglects to hold the courts and transact the business for which he is designated, the district clerk shall certify the fact to the Chief Justice of the United States, who inay thereupon designate and appoint, in the manner aforesaid, the judge of any district within such circuit or within any circuit next contiguous; and said appointment shall be transmitted to the district clerk, and be acted upon by him as directed in the preceding section.
29 July, 1850, c. 30, s. 2, v. 9, p. 443; 2 April, 1852, c. 20, v. 10, p. 5; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
Seo. 594. Revocation and new appointment.-The circuit judge, or circuit justice, or the Chief Justice, as the case may be, may, from time to time, if in his judgment the public interests so* require, make a new designation and appointment of any other district judge within the said circuits, for the duties, and with the powers mentioned in the three preceding sections, and to revoke any previous designation and appointment.
29 July, 1850, c. 30, s. 4, v. 9, p. 443; 2 April, 1852, c. 20, v. 10, p. 5; 10 April, 1869, c. 22, s. 2, v. 16, p. 44.
Sec. 595. Duty of district judge to comply with designation and appointment.-It shall be the duty of the district judge who is designated and appointed under either of the four preceding sections, to discharge all the judicial duties for which he is appointed, during the continuance of such disability, or, in the case of an accumulation of business, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district.
29 July, 1850, c. 30, s. 3, v. 9, p. 443; 2 April, 1852, c. 20, v. 10, p. 5.
SEC. 596. Designation of district judge when public interest requires.—It shall be the duty ofevery circuit judge, whenever in his judginent the public interest so requires, to designate and appoint, in the manner and with the powers provided in section five lundred and ninety-one, the district judge of any judicial district within his circuit to hold a district or circnit court in the place or in aid of any other district judge within the same circuit; and it shall be the duty of the district judge, so designated and appointed, to hold the district or circuit court as aforesaid, without any other compensation than his regular salary as established by law, except in the case provided in the next section. 3 Mar., 1871, c. 113, s. 3, v. 16, p. 494; 29 July, 1850, c. 30, s. 1, v. 9, p. 442.
Sec. 597. Expenses of a district judge designated to southern district of New York.-Whenever a district judge, from another district, holds a district or curcuit court in the southern district of New York, in pursuance of the preceding section, his expenses, not exceeding ten dollars a day, certified by him, shall be paid by the marshal of said district, as a part of the expenses of the court, and shall be allowed in the marshal's account. 5 Mar., 1872, c. 35, v. 17, p. 36.
Sec. 598. Disability of district judges in Florida.When a certificate of the judge of either of the districts of Florida, stating that he is disable to hold any regular, special, or adjourned term of the court of such district, and requesting the judge of the other district to hold the same, is filed in the clerk's office of the place where it is to be held, the judge of the other district is authorized to hold such courts, and to exercise all the powers of district judge, in the district of the judge so certifying. 24 Eeb., 1855, c. 125, v. 10, p. 615,
Sec. 599. Disability of judge of northern and southern districts of New York. Whenever the judge of the northern district of New York is disabled to perform the duties of his office, it shall be the duty of the judge of the southern district, upon receiving from him notice thereof, to hold the district court, and to perform all the duties of district judge for such district. And whenever the judge of the southern district is so disabled, it shall be the duty of the judge of the eastern district, upon a like notice, to hold the district court, and to perform all the duties of district judge for the southern district. In such cases the said judges, respectively, shall have the same powers as are vested in the judge so disabled. 3 April, 1818, c. 32, s. 1, v. 3, p. 414; 25 Feb., 1865, c. 54, s. 3, v. 13, p. 438.
Sec. 600. When district judge of eastern district of New York may act in southern district.—Whenever the
judge of the southern district of New York deems it desirable, on account of the pressure of public business or other cause, that the judge of the eastern district shall perform the duties of a district judge in the southern district, an order to that effect may be entered upon the records of the district court thereof; and thereupon the judge of the eastern district shall have power to hold the district court, and to perform all the duties of district judge for the southern district.
25 Feb., 1865, c. 54, s. 3, v. 13, p. 438.
SEC. 601. When district judge is interested in suit pending before him.—Whenever it appears that the judge of any district court is in any way concerned in interest in any suit pending therein, or has been of counsel for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by either party, to cause the fact to be entered on the records of the court; and, also, an order that an authenticated copy thereof, with all the proceedings in the suit, shall be forthwith certified to the next circuit court for the district; and if there be no circuit court therein, to the next circuit court in the State; and if there be no circuit court in the State, to the next conveinent circuit court in an adjoining State; and the circuit court shall, upon the filing of such record with its