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judge of the circuit to which such district belongs, hold such term, and shall have and exercise the jurisdiction and powers given by law to a district judge. (Rev. Stats. sec. 582.)

§ 132. Adjournment—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 any earlier day, as the order may direct. (Rev. Stats. sec. 583.)

§ 133. Adjournment, certain States.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, afternoon 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. (Rev. Stats. sec. 584.)

134. Kentucky and Indiana.—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 to be held. (Rev. Stats. sec. 585.)

§ 135. Intermediate terms. -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 apDears that the business of the court requires it, to old an intermediate term. Such intermediate erm shall be appointed by an order under his hand nd seal, addressed to the clerk and marshal, at east thirty days previous to the time fixed therein or holding it, and the order shall be published the me length of time in the several newspapers pubshed within such districts respectively. And at

ch intermediate term the business of the court all have reference to and be proceeded with in e same manner as if it were a regular term. Rev. Stats. sec. 586.)

$136. Business certified to circuit urt.—When satisfactory evidence is shown to e circuit judge of any circuit, or, in his absence, the circuit justice allotted to the circuit, that e judge of any district therein is disabled to d a district court and to perform the duties of office, and an application accordingly is made writing to such circuit judge or justice, by the rict attorney or marshal of the district, the 1 judge or justice, as the case may be, may issue order in the nature of a certiorari, directed to clerk of such district court, requiring him hwith to certify into the next circuit court to held in said district all suits and processes, civil 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 recognizances 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. (Rev. Stats. sec. 587.)

The circuit court must remand the certified cases to the district court if the disability terminates in death. parte United States, 1 Gall. 338.)

(Ex

§ 137. 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 cognizance, to be remanded, and the clerk of such court shall transmit the same, with all mat

ters 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 therein. (Rev. Stats. sec. 588. See Ex parte U. S., 1 Gall. 338.)

§ 138. Powers of district judge vested, during disability, in circuit judge.—In he case provided in the two preceding sections the ircuit judge, and in his absence the circuit justice, hall have and exercise, during such disability, all he powers of every kind vested by law in such istrict judge. But this provision does not require hem to hold any special court, or court of admialty, at any other time than that fixed by law for olding the circuit court in said district. (Rev. tats. sec. 589.)

In case of the disqualification of the district judge the ties are to be performed by a justice allotted to the cirit, and by the second section of the act of April 10, 69 (16 U. S. Stats. 44), the same power is conferred on a cuit judge. (Wallace v. Loomis, 97 U. S. 146.) § 139.

Orders in admiralty-Clerk.— hen the business of a district court is certified co the circuit court on account of the disability of e district judge, the district clerk shall be authord, by order of the circuit judge, or, in his ence, of the circuit justice within whose circuit h district is included, to take, during such dislity, all examinations and depositions of witses, and make all necesary rules and orders, paratory to the final hearing of all causes of iralty and maritime jurisdiction. (Rev. Stats. 590; 18 U. S. Stats. 317.)

Middle district, Nashville, third Monday in April and October, 62

Western district, Memphis, fourth Monday in May and November.

Chattanooga, first Monday in April and October in each

year.

63

Jackson, at such times as judges shall fix.

TEXAS.-Northern district, Dallas, second Monday in January; third Monday in May.

Graham, second Monday in March; third Monday in October. (See 21 U. S. 10 and after.)

Waco, second Monday in April; third Monday in November. 64

Eastern district, Galveston, third Monday in February and October.

Tyler, second Monday in January and May.

Jefferson, fourth Monday in January and September. Paris, first Monday in April; third Monday in November. 6 66

Western district, Brownsville, first Monday in January; second Monday in June.

San Antonio, first Monday in May and November.
El Paso, first Monday in April and October.
Austin, first Monday in February and July. 67
VERMONT.-Burlington, fourth Tuesday in February.
Windsor, third Tuesday in May.

Rtland, first Tuesday in October. 68

VIRGINIA. -Eastern district, Richmond, first Monday

in April and October.

Alexandria, first Monday in January and July.
Norfolk, first Monday in May and November. 69

Western district, Danville, Tuesday after second Monday in April and November.

Lynchburg, Tuesday after second Monday in March ard September.

Abingdon, Tuesday after first Monday in May and Oc

tober.

Harrisonburgh, Tuesday after first Monday in June and December. 70

WASHINGTON.-Seattle, first Tuesday in June and De

cember.

Walla Walla, first Tuesday in May and November.

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