clerk, take cognizance of and proceed to hear the case, in like manner as if it had originally and rightfully been commenced therein.

[See ? 637.]

2 Mar., 1821, c. 51, v. 3, p. 643; 8 May, 1792, c. 36, s. 11, v. 1, p. 278.

Powers of a judge in Texas under the act of 1821.-The judge of a District Court of the United States in Texas, had power under the act of congress of March 2, 1821, to order the record of a suit in which he was interested to be transmitted to the circuit court of the United States in Louisiana, on the application of a defendant in the case; and it was held, that the entry on the record of the order for the transfer by the district judge imported verity, and authorized the circuit court of that State to take cognizance of the case. Spencer v. Lapsley, 20 How., 264.

SEC. 602. Continuance by vacancy in office of district judge. When the office of judge of any district court is vacant, all process, pleadings, and proceedings pending before such court shall be continued of course until the next stated term after the appointment and qualification of his successor; except when such first-mentioned term is held as provided in the next section.

24 Sept., 1789, c. 20. s. 6, v. 1, p. 76; 6 Aug., 1861, c. 59, v. 12,

p. 318. SEC. 603. Vacancy in office of district judge. When the office of district judge is vacant in any district in a State containing two or more districts, the judge of the other or of either of the other districts may hold the district court, or the circuit court in case of the sickness or absence of the other judges thereof, in the district where the vacancy occurs, and discharge all the judicial duties of judge of such district, during such vacancy; and all the acts and proceedings in said courts, by or before such judge of an adjoining district, shall have the same effect and validity as if done by or before a judge appointed for such district.

6 Aug.. 1861, c. 59, v. 12, p. 318.

3

CHAPTER V.

JUDICIAL CIRCUITS.

SEC. 604. Circuits. The judicial districts of the United States are divided into nine circuits as follows:

Firts.

The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and Maine.

Second. The second circuit includes the districts of Vermont, Connecticut, and New York.

Third. The third circuit includes the districts of Pennsylvania, New Jersy, and Delaware.

Fourth. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

Fifth. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.

Sixth. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee.

Seventh. The seventh circuit includes the districts of Indiaana, Illinois, and Wisconsin.

Eighth. The eighth circuit includes the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, and Colorado.

Ninth. The ninth circuit includes the districts of California, Oregon, and Navada.

24 Sept., 1789, c. 20, s. 4, v. 1, p. 74; 30 Mar., 1820., c. 27, s. 1, v. 3, p. 554; 23 July, 1866, c. 210, s. 2. v. 14, p. 209; 25 Mar., 1867, c. 7, s. 2, v. 15, p. 5; 26 June, 1876, c. 147, v. 19, p. 61.

Clerks in western district of Virginia.

622.

623.

624.

Clerks in western district of Wis-
consin.
Deputy clerks.

625. Deputy clerks of circuit court in Indiana.

626. Compensation of deputy clerks. 627. Commissioners.⚫

628. Marshals not to be commissioners.

SEC. 605. Justices alloted to circuits, how designated. The words "circuit justice" and "justice of a circuit," when used in this Title, shall be understood to designate the justice of the Supreme Court who is allotted to any circuit; but the word "judge," when applied generally to any circuit, shall be understood to include such justice.

SEC. 606. Allotment of the justices to the circuits.The Chief Justice and associate justices of the Supreme Court shall be allotted among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit,

or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it shall be made by the Chief Justice, and shall be binding until the next term and antil a new allotment by the court.

2 Mar., 1867, c. 156, s. 1, v. 14, p. 433.

Cotemporary construction followed.-A cause may be transferred by act of congress from one inferior tribunal to another. The justices of the Supreme Court have a right to set as circuit judges, and having by practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system of our government, sat as circuit judges. This practical exposition of the constitution is too strong to be shaken or controlled. MARSHALL, C. J., in Stuart v. Laird, 1 Cr., 95, (1803.) But on this question doubts were expressed by STORY, J., in ex parte The U. S., 1 Gallis, C. C., 338 (1813).

Cotemporary construction, however, is generally followed. New Jersey' Steam Nav. Co. v. Merchants' B'k, 6 How., 344: West Riv. Bridge Co. v. Dix, 6 Id., 507; Cooley v. Board of Wardens, 21 Id., 299; The Genesee Chief v. Fitzhugh, 12 Id., 443; Briscoe v. B'k of Kentucky, 11 Pet, 257; Pregg v. Commonwealth of Penn., 16 Id., 539.

SEC. 607. Circuit judges.-For each circuit there shall be appointed a circuit judge, who shall have the same power and jurisdiction therein as the justice of the Supreme Court, allotted to the circuit, and shall be entitled to receive a salary at the rate of six thousand dollars a year, payable quarterly on the first days of January, April, July, and October. Every circuit judge shall reside within his circuit.

10 April, 1869, c. 22, s. 2, v. 16, p. 44; 3 Mar., 1871, c. 113, ss. 3, 4, v. 16, pp. 494, 495.

SEC. 608. Circuit courts-where established.-Circuit courts are established as follows: One for the three districts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi, and one for each district in the States not herein named; and shall be called the circuit courts for the districts for which they are established.

24 Sept., 1789, c.

20, s. 4, v. 1, p. 74. Ala., 3 Mar., 1873, c. 223, ss. 2, 4, v. 17, pp. 484, 485. Ark., 3 Mar., 1837, c. 34, s. 3, v. 5, p. 177; 3 Mar., 1851, c. 24, ss. 1, 3, v. 9, pp. 594, 595; 19 Feb., 1869, c. 34, v. 15, p. 271; 3 Mar., 1871, c. 106, s. 5, v. 16, p. 472. Cal., Oreg., 3 Mar., 1863, c. p. 794. Fla., Minn., 15 July, 1862, c. 178, s. 2, v. 12, p. 576.

100, s. 2, v. 12,

Ga., 11 Aug.,

1848, c. 151, ss. 4, 5, 8, v. 9, pp. 280, 281; 4 June, 1872, c. 284, s. 1, v. 17, p. 218. Ill., 19 Feb., 1855, c. 96, s. 2, v. 10, p. 606. Ind., Iowa, Kans., 3 Mar., 1837, c. 34, s. 3, v. 5, p. 177. Ky., 24 Feb., 1807, c. 16, s. 2, v. 2, p. 420. La., 3 Mar., 1837, c. 34, s. 3, v. 5, p. 177; 27 July, 1866, c. 280, s. 1, v. 14, p. 300. Mich., 24 Feb., 1863, c. 54, s. 2, v. 12, p. 661. Miss., so. dist., 3 Mar., 1857, c. 34, s. 2, v. 5, p. 177; 18 June, 1838, c. 115, s. 1, v. 5, p. 247; 16 Feb., 1839, c. 27, ss. 1, 2, v. 5, p. 317. Mo., 3 Mar., 1857, c. 100, s. 10, v. 11, p. 198; 8 June, 1872, c. 334, v. 17, p. 282; 25 Feb., 1873, c. 200, v. 17, p. 476. Nebr., 25 Mar., 1867, c. 7, s. 2, v. 15, p. 5. Nev., 27 Feb., 1865, c. 64, s. 2, v. 13, p. 440. N. Y., 9 Apr., 1814, c. 49, s. 3, v. 3, p. 121; 25 Feb., 1865, c. 54, s. 1, v. 13, p. 438. N. C., 4 June, 1790, c. 17, s. 1, v. 1, p. 126. Ohio, 10 Feb., 1855, c. 73, s. 2, v. 10, p. 604. Penn., 20 Apr., 1818, c. 108, s. 4, v. 3, p. 462; 3 Mar., 1837, c. 34, s. 2, v. 5, p. 177. R. I., 23 June, 1790, c. 21, s. 1, v. 1, p. 128. Tenn., 24 Feb., 1807, c. 16, s. 2, v. 2, p. 420; 18 Jan., 1839, c. 3, s. 1, v. 5, p. 313; 25 June, 1868, c. 79, s. 1, v. 15, p. 5. Tex., 15 July, 1862, c. 178, s. 2, v. 12, p. 576. Vt., 2 Mar., 1791, c. 12, s. 3, v. 1, p. 197. Va., 3 Feb., 1871, c. 35, ss., 2, 3, v. 16, p. 403. W. Va., 3 Mar., 1837, c. 34, s. 2, . v. 5, p. 177; 11 June, 1864, c. 120, s. 1, v. 13, 124; p. 27 July, 1866, Res. 90, v. 14, p. 369. Wis., 29 June, 1870, c. 175, ss. 1, 2, 3, v. 16, p. 171; 22 June, 1874, c. 401, v. 18, p. 195.

SEC. 609.

Circuit courts, by whom to be held.Circuit courts shall be held by the circuit justice, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by any two of the said judges sitting together.

10 April, 1869, c. 22, s. 2, v. 16, p. 44.

A judge of a United States district court while sitting alone as a circuit judge, in the circuit court, has the same powers as any other judge sitting in the same court. Robinson v. Satterlee, 3 Saw., C. C., 134 (1874). But an act of congress, clothing the district court with circuit court powers, does not constitute it a circuit court, or empower the circuit judge and justice to hold it. Kerrison v. Stewart, 1 Hugh, 67.

SEC. 610. Justices of Supreme Court to attend once in every two years.-It shall be the duty of the Chief Justice, and of each justice of the Supreme Court, to attend at least one term of the circuit court in each district of the circuit to which he is allotted during every period of two

years.

10 April, 1869, c. 22, s. 4, v. 16, p. 45.

SEC. 611. Judges of circuit courts may sit apart.— Cases may be heard and tried by each of the judges holding a