Page:United States Statutes at Large Volume 10.djvu/651

 THIRTY-THIRD CONGRESS. Sess. II. Ch. 142. 1855. 631 CHAP. CXLII.-An Act to establish rz Circuit Court of the United States in and for March 2, 1866. the State of Calyornia. ——-—————·—· Be it enacted by the Senate and Muse of Representatives of the United States of America in Ucngress assembled, That a judicial circuit shall be, C2';?;? d°Q¤*’° and the same is hereby, constituted, in and for the State of California, to §;t§;,,},,i:_ m be known as the circuit court of the United States for the districts of California, a. term of which court shall be held annually, in the city of Sm; Francisco, on the first Monday of July in each and every year; and for this purpose a judge shall be appointed, and the court hereby organized shall, in all things, have and exercise the same original jurisdiction Jurisdiction. as is vested in the several circuit courts of the United States, as organized under existing laws, and shall also have and exercise the same appellate jurisdiction over the district courts of the United States for the northern and southern districts of California as by existing laws is vested in the several circuit courts of the United States over the district courts of the United States in their respective circuits; and the said judge shall Clerk and dep appoint a clerk, who shall have the power to appoint a deputy, which clerk ***7 °1°¤`k· shall reside, and keep the records of the court, in the said city of San Francisco, and shall receive for the services he may perform double the fees allowed to the clerk of the southern district of New York. Src. 2. And be it further enacted, That said judge shall have power Specialand exto order and hold such special or extra terms of said court as he may xrms fo OY_ deem expedient, and at such time or times ashe shall, by his order, under and, y his hand and seal, direct, addressed to the marshal and clerk of said court, at least thirty days previous to the commencement of such special or extra term or terms, which order shall be published intermediately in two or How notiiied. more of the gazcttes of the State of California; and at any or all of such special terms the business of said court shall have reference to the immediately preceding regular or special term, and be proceeded with in the same manner ; and such proceedings shall be, to all intents and purposes, as valid as if the same had taken place at a regular term of said court; all which terms shall be held at such place, in the said city of San ppm for 1mm_ Francisco, as the marshal of the United States for the northern district ing courts. of California, whose duty it shall be to act as the marshal of said court, shall procure for the purpose, under the directions of said judge; and appeals from the proceedings of the court organized under this act shall be taken to the Supreme Court of the United States, in the same manner, and on the same conditions, as appeals are taken under existing laws from the other circuit courts of the United States. W M fh b ' °1`1 0 E BBS h Src. 3. ‘And be ztjimtfzer enacted, That the judge of said court shall corpus and other ave the same power to lssue wrlts of habeas corpus and other wrlts as Wg1kg_ is vested by law in the other judges of the United States. Sec. 4. And be it further enacted That in case the judge of said frovision for court shall fail to attend at the time and place of holding any regular or fg‘1“;2u‘;fdJ“£I§° special term of said court, before the close of the fourth day after the mm crc0m;, y commencement of such term, the business pending before said court shall stand adjourned until the next regular term of said court, or until the next special term of the court, should one be ordered under the authority of this act previous to such regular term. _ _ Sec. 5. And be it further enacted, That the district courts of the United. Dgaigtst °&“"£ States for the northern and southern districts of California, shall hereafter L;v,,(,u§£§Smct exercise only the ordinary duties and powers of the district courts of court jurisdio-_ the United States, except the special jurisdiction vested in the said dis- gg; 0‘;.X1;_?f “‘ trict courts of California over the decisions of the board of commissioners claims. for the settlement of private land claims in California under existing 1861,ch. 41. laws; and that appeals from the judgments, orders, and decrees of either Appeals. of said district courts of California, in the exercise of its ordinary jurisdiction, shall be taken to the circuit court organized by this act, in the same manner and upon the same conditions as appeals may be taken