Page:United States Statutes at Large Volume 13.djvu/33

 THIRTY—EIGHTH CONGRESS. Ssss. I. Ch. 11. 1864. 5 Sec. 5. And be it further enacted, That the clerks of the circuit courts a Cg?;l;Sdg"Q;,€s of the tenth circuit shall have power to appoint one or more deputies, gg ,,,m0,,§ ’ who shall have the same authority, in all respects, as their principal. The them. appointment shall be in writing, and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court. The clerk may revoke the appointment of any deputy at will by writing filed in the office, and entered upon the records. Each deputy, before en- Oath and bond tering upon his duties, shall take the oath of office prescribed by the act °f d€pu°°S‘ entitled “An act to prescribe an oath of office and for other purposes,” ap- Mgzkglh 1%;% proved July two, eighteen hundred and sixty-two. And such oath shall be'p` ` endorsed upon his appointment. The clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, Clerk liable for but the clerk and the sureties on his olhcial bond shall be liable for all ms of '·l~"P“*-l’· the official acts of each deputy. Sec. 6. And be it further enacted, '1`hat the clerks of the circuit courts Fees, &c., of district courts of the United States for the districts of California and °l"'ks· Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation 'allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, $513, ¢l¤·%0·] marshals, and attorneys of the circuit and district courts of the United °'X' p' 6 ` States and for other purposes," approved February twenty-six, eighteen hundred and fifty-three. Sec. 7. And be it further enacted, That issues of fact in civil cases Trials ofissues may be tried and determined by the said circuit court without the inter- ?£rfil°t W"h°“t“ vention of a jury, whenever the parties or their attorneys of record filej y a stipulation in writing with the clerk waiving a jury. Upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk. In giving the decision, the facts found and _F<>rm <>f¢l¤¢i· the conclusions of law shall be separately stated. The review of the judg-  ;l}p;E,:_ ment or decree entered upon such iindings by the supreme court of the United States upon appeal or writ of error shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted. The supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken. Sec. 8. And be it further enacted, That a term of the district court of Terms 9f the the United States for the southern district of California shall be held in gig??; the city of Monterey, in said state, on the first Monday of February, and iiia, on the first Monday of June, and on the first Monday of October, of each year; and a term of the district court of the United States for the northern district of California shall be held in the city of San Francisco, 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 a term in Oregon. of the district court of the United States for the district of Oregon shall be held at the city of Portland, in the State of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year. Sec. 9. And be it fart/ger enacted, That section four of the act entitled Reimlof "An act to provide circuit courts for the districts of California and Ore- ;°}r{Qg;g;;;,;;2d gon, and for other purposes," approved March third, eighteen hundred provisions. and sixty-three; and sections four and five of the act entitled "An act 1863, cli. 100, to provide for extending the laws and judicial system of the United States i $0, Xi, 7% to the State of Calit"ornia," approved September twenty-eight, eighteen isao, elifés, hundred and fifty, and all provisions of law inconsistent with this act, be §§ 4, 5; and the same are hereby repealed. V°l‘ 1X` P' 522 Sec. 10. And be it further enacted, That this act shall take effect on \Vhen act the first Monday of May, one thousand eight hundred- and sixty-four. Mkes €*f€¤¤· Arrno van, February 19, 18]%;