may

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 sec tion, 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

por of the court-house where the court is to be eld. (Rev. Stats. sec. 585.)

§ 135. Intermediate terms.- -Whenever e judge of any district court in the districts of lifornia, Iowa, and Tennessee fails to hold any gular term thereof, it shall be his duty, if it apars that the business of the court requires it, to d an intermediate term. Such intermediate m shall be appointed by an order under his hand 1 seal, addressed to the clerk and marshal, at st thirty days previous to the time fixed therein holding it, and the order shall be published the e length of time in the several newspapers pubed within such districts respectively. And at intermediate term the business of the court I have reference to and be proceeded with in same manner as if it were a regular term. v. Stats. sec. 586.)

136. Business certified to circuit rt.—When satisfactory evidence is shown to circuit judge of any circuit, or, in his absence, e circuit justice allotted to the circuit, that judge of any district therein is disabled to a district court and to perform the duties of ffice, and an application accordingly is made iting to such circuit judge or justice, by the ct attorney or marshal of the district, the judge or justice, as the case may be, may issue der in the nature of a certiorari, directed to -lerk of such district court, requiring him with to certify into the next circuit court to d in said district all suits and processes, civil iminal, 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

ers relating thereto, to the district court next to e held in that district; and the same proceedings all then be had in the district court as would have een had if such suits had originated or been connued therein. (Rev. Stats. sec. 588. See Ex urte U. S., 1 Gall. 338.)

§ 138. Powers of district judge vested, aring disability, in circuit judge.—In e case provided in the two preceding sections the cuit judge, and in his absence the circuit justice, all have and exercise, during such disability, all › powers of every kind vested by law in such trict judge. But this provision does not require m to hold any special court, or court of admiby, at any other time than that fixed by law for ding the circuit court in said district. (Rev. ts. sec. 589.)

à case of the disqualification of the district judge the es are to be performed by a justice allotted to the cirand by the second section of the act of April 10, (16 U. S. Stats. 44), the same power is conferred on a it judge. (Wallace v. Loomis, 97 U. S. 146.)

139. Orders in admiralty-Clerk.en the business of a district court is certified the circuit court on account of the disability of listrict judge, the district clerk shall be authorby order of the circuit judge, or, in his ce, of the circuit justice within whose circuit district is included, to take, during such disy, all examinations and depositions of wits, and make all necesary rules and orders, ratory to the final hearing of all causes of alty and maritime jurisdiction. (Rev. Stats. 90; 18 U. S. Stats. 317.)

§ 140. District judge designated.— 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 judgment 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. (Rev. Stats. sec. 591.)

Note. The appointment of the judge so designated should be filed in the office of the clerk of the district court, but the provision of the statute being directory only, a failure to file as directed does not invalidate the appointment. (National Home etc. v. Butler, Cir. Ct. Mass., 33 Fed. Rep, 374.) The power to designate a district judge to hold court in case of disability under this section, as it originally existed in the Act of July 29, 1850 (9 Stats. 442), did not extend to the case of a vacancy. (9 Ops. Atty. Gen. 131; Ball v. United States, 140 U. S. 118.) The acts of a judge de facto are not open to collateral attack. (Norton v. Shelby Co., 118 U. S. 425, 30 L. ed. 178; Manning v. Weeks, 139 U. S. 504, 35 L. ed. 264; Clark v. Com., 29 Pa. 129; Fowler v. Bebee, 9 Mass. 231; Com. v. Taber, 123 Mass. 253; State v. Carroll, 38 Conn. 449; Keith v. State, 49 Ark. 439; People v. Bangs, 24 Ill. 184; Ball v. United States, 140 U. S. 118.)