Page:United States Statutes at Large Volume 13.djvu/32

 4 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 11. 1864. Feb. 19,186-L. CHAP. XI. —-An Act amendatory of and surzfementawy to "An Act to provide Circuit Courts jbr the_Districts of Caigfrmpa and egon, and fw other Purposes," approved V0,. xii. P-'.,94" March third, eighteen hundred and sixty-thru. Be it enacted by the Senate and Muse of Representatives of the United F'g¤*f¤;$ Pf QW States of America in Congress assembled, That the term of the circuit cfugrfn  court of the United States for the districts in California shall be held in rbruia, the city of San Francisco, in said state, on the tirst.Monday of February, and on the second Monday of June, and on the first Monday of October, in Oregon. of each year; and in the city of Monterey, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year ; and that a term of said circuit court for the State of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of May, and on ' ’ . theNfirst9Monday of.September, of each year. · _ l _ _ ligcrrcuigjudge bac. ... And be tt further enacted, That whenever the circuit judge is gflgggegtilolgting absent, or, from any cause, is unable to hold a term of the circuit court as tgpnp above provided, it shall be the duty of the district judge of the district t Ending or to hold such term. No term of the circuit court in one district of the ems- tenth circuit shall be deemed to be ended from the commencement of a _Circuit courtin term in another district. A circuit court may be held in the different g;€;‘;‘;t,?;f;"°ts districts at the same time. Special Seséiom l Sec. 3. And he  further enacted, That the circuit judge of said tenth of circuit court, circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be _ holden, as provided in this act, by an order, under his hand and seal, aul5°:0’g;£°3¤*°d addressed to the marshal and clerk of said court, at least fifteen days ' previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the _ gazettes or newspapers within the district where such sessions are to be Sugtlggztglai holclen. At such special sessions it shall be competent for the said court S,.,sS,O,,S_ to entertain jurisdiction of and hear and decide all cases in equity, cases in errplr, or on appeal, issues of law, motions in arrest of judgment, motions or new trial and all other motions and to award executions and other final procesd, and to do and to tiansact all other business, and No jury mm. direct all other proceedings in alhcauses pending in the circuit court, except trying any cause by jury, in the same way and with the same · force and effect as the same could or might be done at the stated sessions Mtssppivggvfpgtif of such court. At said special sessions said court may also try and l Y · determine all issues of fact in cases in which, by the stipulation in writing pf the parties, or their attorneys, and filed with the clerk, a jury shall e waive. cxlglzzlxtgf dl'- Sec. 4: And be it further enacted, That the clerks of the circuit courts Appointment {pur the tgistmcts of Cptlifornia shall be appointed by the circuit judge of · e en circuit. e appointment shall be in writinv under the hand Rcvocamm anp sepl dflthe circuit jpdge, ang sliall be filed in then clerk's office and · en ere a argc upon the recor s o the court. The circuit judve may geypgg the appomtmplnt at any time by tiling in the oiilce of th? clerk ig wv0i;; wrppxg unoerthis hplng sand seal, gtatmgl that tlge afpppmtment - . e rev caion s a e entere on the eco t t. 0**** °f °l°'k· The clerk, before entering upon the discharge of his dlitie; shallcllalke 1?;ilt.}§p-Il2€62- Liga 032:31 Ocglfomgigpe piéesfcribeplh by the act pntitled "(&p pct to prescribe an oroer uroses’aroe u t 'ht hundred and sixty-two, and such d>atli)sha1l bepdhddrsed upbnvhis ggpoiiiilj B<>¤<l· ment. The clerk shall also execute a bond to the United States with two or more sntiicient suretieslin such sum as the circuit judge may vnu in designate, conditioned for the faithful performance of his duties. In case 0,,,%- °7 of a vacancy IH the office of clerk, the district judge shall have power to all such vacancy by appointment, which shall continue until an appointment IS made by the circuit judge.