Page:United States Statutes at Large Volume 18 Part 1.djvu/177

 ’I`rr1.1·: x1u.—’l`HE JUD1C1ARY.——Ch. 4. 105 said provisions, shall have the same effect and validity as if done hy or 2 April. 1852. c- before the district; `udge of the said district. 2°> "» wv P· 5· Sec. 596. It shalll be the duty of every circuit judge, whenever in his Designation of judgment the public interest so requires, to designate and appoint, in disvjctiudscwhen the manner and with the powers provided in section five hunciiied and P“l’h" "‘“"`°“ ‘”€‘ ninety-one, the district judge of any judicial district within his circuit *3 to hold a district or circuit court in the place or in aid of any other dis-  MM. 1871. ¢· trict judge within the same circuit; and it shall be the duty of the dis- 1lg;£;j""§§g3m· trict judge, so designated and appointed, to hold the district or circuit (‘) 30 s_ 1 fg ,,_ 44;; as aforesaid, without any other compensation than his regular salary as l` established bv law, except in the case provided in the next section. Sec. 597. iVhenever a district `udge from another district, holds a Expenses of a district or circuit court in the soutliern district of New York, in ursu- $11¤1·¤'1¢r iudse desance of the preceding section, his expenses, not exceeding ten dollars a :f;"?"’$1t€’“°;‘“,f,°’" day, certified by him, shall be paid by the marshal of said district, as a Y:,.j:° ° °w part of the expenses of the court, and shall be allowed in the marshal’s _§y3;;"`1g5g; (_ account. 35, v. 17, p. 36. Sec. 598. When a certificate of the judge of either of the districts of Disability of dis- Florida, stating that he is disabled to hold any regular, special, or *·*1°*_i¤d8€¤ 111 adjourned term of the court of such district, and requesting the jud e E°"d“· of the other district to hold the same, is filed in the clerk’s office of the 24 Feb., 1855, c. place where it is to be held, the judge of the other district is authorized 125% V- 10. P- 615- to hold such courts, and to exercise all the powers of district judge, in the district of the judge so certifying. Sec. 599. Whenever the judge of the northern district of New York _ Di¤¤b1 lit? ¤f is disabled to perform the duties of his office, it shall be the duty of the £:,g°m‘¥t,?;r2h;{; jud e of the southern district, upon receiving from him notice thereof, to tyjctsof N,,wy,,,k_ hold the district court,‘and to.perform all the duties of district judge mj; for such district. And whenever the judge of the southern district is 323sAf"; *3181%;,2 so disabled, it shall be the duty of the judge of the eastern district, upon é5`FQb:, i§{;5, cf a like notice, to hold the district court, and to perform all the duties of 54,s. 3, v.13, p. 438. district judge for the southern district. In such cases the said judges, (iiespeptgvely. shall have the same powers as are vested in the judge so isab e . Sec. 600. Whenever the judge of the southern district of New York, when d1¤**‘1<>1= deems it desirable, on account of the piessure of public business or f,'}g,$‘jcffo?°§,*‘g';' other cause, that the judge of the eastern district shall perform the York may act in duties of a district jud e in the southern district, an order to that edect southern district. may be entered upon tge records of the district court thereof; and there-  6 upon the judge o the eastern district shall have power to hold the dis- 54,  _3,v_f3, p_4h8: trict count, and to perform all the duties of district judge for the southern district. _ _ Sec. 601. Whenever it appears that the judge of any district court is my h.°P tg'°*s'é‘§ in any way concerned in interest in any suit pending therein, or has been ju Sijtlgggdigg bg of counsel for either party, or is so related to or connected with either fore him. party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on app ication by either party, to cause the fact to 5], v_ 3, ,Q_ 6,3] ' be entered on the records of the court; and, also, an order that an authen- 8 May, 1792, e. ticated copy thereof, with all the proceedings in the suit, shall be forth- 36.S-11.v-1.p-278. with certified to the next circuit court for the district; and if there be gpence,,,_ LQ no circuit court therein, to the next circuit court in the State; and if ley, 20 How., 266. there be no circuit court in the State, to the next convenient circuit court in an adjoining State; and the circuit court shall, upon the filing of such record with its clerk, take cognizance of and proceed to hear the case, in like manner as if it had originally and rightfully been commenced therein. lS¤¤§•¤7·l Sec. 602. When thelofiice og judge 02 any tdggtrict cogrt is vaint; all V glaopginrglncsglg rocess, leadin an rocee in s pen in ore suc court s all be “. . gontinued) of cou€;e untilithe nextitated tegm after the appointment and °i ";*@_¤E§¤t’·o. qualification of his successor; except when such first-mentioned term is 2024 Sgpt-.11789% held as provided in the next section. h‘Au·  1kg,, C; (•) The word courronnitted. 59, v. lg, p. 318.