Page:United States Statutes at Large Volume 18 Part 1.djvu/175

 Trru: xm.——THE JUDICIARY.—Ch. 4. 103 Sec. 584. 1f the judge of any district court in Alabama, California, Adjournment in (georgia, lndiana, Iowa, I$p]ntuc~ky,fNorth Carolina, Tennessee, or West ;”;°c‘;°;?‘;‘;;‘E,*§3;;lé 1rg1n1a1s not present at e time or o nin the court the clerk ma r - · · · open and adjourn the court from day tgcdsygfor four di s; and if thi; lIim`ndmrlc¤` judge does not appear by two o’clock after noon of the fhurth day, the Ala.,10Mar.,1824, clerk shall adjourn the court to the next regular term. But this section ¤-28.¤-9.v·4. p-10; is subject to the provisions of the preceding and next sections. gI;8b·;1?3’· cgié Cal., 28Sept., 1850, c. sc, S. 0, v. e, p. 522. Ga., 18 An ., ms, c. 151,s. 16, 6. ai;. 281: Ind., 3) June, 1870, c. 180, s. 2, v. 16, p. 175. Iowa, 3 Liar., 1849, c. 124, a. 1, v. 9, p. 411. Ky., 15 May, 1862, c. 71, s. 2, v. 12, p. 386. N. C., 23 Jan., 1812, c. 17, s. 2, v. 2, p. 676. Tenn., 18 June, 1838, c. 118, s. 7, v. 5, p. 250. W.Va., 26 May, 1824, c. 167, s. 3,v. 4, p. 49. Sec. 585. In the districts of Indiana and Kentucky, the district jud, Adjournment in in the case provided in the preceding section, may, by a written ordgr K°“*“°kY '“‘l I"' to the clerk within the first three days of his term, adjourn the district 2;::* £§hl°;,"2°'; court to a future day within thirty days of the first day. The clerk shall thi-eei1sysotter11li!i1. give notice of such adjournment by posting a copy of said order on the ;——;——- ront door of the court—house where the court is to be held. ,113 g43i2z1g6g8g- so June, 1870, c. 180, '¤. 2; v. 1é,Pj». 75: Sec. 586. Whenever the judge of any district court in the districts of Intermediate California, Iowa, and Tennessee fails to hold any re ular term thereof, ;**¤¤¤¤¤C¤l¤*¤*¤i·· it shall be his duty, if it appears that the business of the court requires sg;"' and T°°°°°' it, to hold an intermediate term. Such intermediate term shall be ap- —+-——-—- pointed by an order under his hand and seal, addressed to the clerk and 288%**-. 1850. ¢- marshal at least thirty darys previous to the time fixed therein for hold- 86§“£;,:· °;gj5’22· ing it, and the order shal be published the same length of time in the 124, $1;}:9 pjjj: several newspapers published within such districts respectively. And 18 J1ll10,i838, c. at such intermediate temi the business of the court shal have reference U8.¤-8.V-5.p-250- to and be proceeded with in the same manner as if it were a regular 3 18il‘Q,”?183i’,,§· term., s. , . , p. . Sec. 587. When satisfactory evidence is shown to the circuit judge of B*{¤i¤QS¤ ¤<¢¤ifl•;d any circuit, or, in his absence, to the circuit justice allotted to the cir- gs;';$‘§,;‘°,;’5Q 2} cuit, that the jud of any district therein is disabled to hold a district d;,,,.;,,, jud,,,, y court, and to perfiagrm the duties of his office, and an application accord- ?Mj·j—— ingly is made in writing to such circuit judge or justice, by the district ._ 1 V jg8g9g:' 27* attorney or marshal of the district, the said judge or justice, as the case 2i; jujy; 1856, C, may be, ma issue his order in the nature of a certiorari, directed to the 30, s. 1,v. 9, p. 442. clerk of suclidistrict court, requiring him forthwith tocertify into the next 2 APN. 1852. ¤- circuit court to be held in said district all suits and processes, civil and 2°;g·A1g_if’·,gj,,, c criminal, depending in said district court, and undetermined, with all the 22, S_2’v_ {6,,,,14; proceedin thereon, and all the files and papers relating thereto. Said order shadsbe immediately published in one or more newspapers printed G,,mB?°?;8 ‘ ‘* in said district, at least thirty days before the session of such circuif court, and shall be sufficient notification to all concerned; and thereupon the circuit court shall rooeed 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. ISMINI7-1 Sec. 588. When an order has been made as provided in the preceding _Suits brought in section, the clerk of the district court shall contmue, during the disability g:,*;°:0°°c:r':i?i*g of the district judge, to certify, as aforesaid, all suits, pleas, and processes, dm,,, mM_ Y civil and criminal, thereafter begun in said court, and to transm1t them ———————; to the circuit court next to he held in that district; and the said court 2,2s*g';··2l8°°g3g· shall proceed to bear and determine them as provided in said section: ;;.;1’;; Promded, That when the disability of the district judge ceases or is re- E¤Fp¤¤‘¢¢ U- S-. l moved, the circuit court shall order all such suits and proceedinlgs then G‘"‘“·· 33** pending and undetermined therein, in which the district courts ave an exclusive original cognizance, to be remanded, and the clerk of such court shall transmit the same. with all matters relating thereto, to the district court next to be held in that district; and the same proceeding? shall then be had in the district court as would have been ad if suc suits had originated or been continued therein. s·r—0.'*l——12