Page:United States Statutes at Large Volume 36 Part 1.djvu/1114

 1090 SIXTY·FIRST CONGRESS. Sess. III. C1-1. 231. 1911. ‘ the said 'ud e or associate 'ustice, or Chief Justice, shall d(igi1gi2te and apjioingia hny circuitljudge of the circuit to hold said `strict court. _ _ _ Aptheritvr ¢*#·· 0* d1S1¤c. 19. It shall be the duty of the district or circuit judge who d°i?gii?;§gS§$?$?`1m. is designated and a pointed under either of the SIX. preceding sections, to discharge all the judicial duties for which he IS so appointed, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district, _ .A¤¤<>9 *l>°¤ j“d8° Sec. 20. Whenever it appears that the judge of any district court dlsdhlligzlsiiifsqié. is in any way concemed in interest in any suit pending therein, or has been of counsel or is a material witness for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by either arty, to cause the fact to be entered on the records of the court; and also an order that an authenticated copy thereof shall be forthwith certified to the senior circuit judge for said circuit plhiiln present in circuit  an;] thpareupon such proceedings shall be a asare rovi msecion ou en. A¤¤¤2¤ when gr- Sec. 21.pWhenever a party to any action or proceedipig, civil or ‘$liiia!§]gig2ii°¤'ii1c¢°° criminal, shall make and file an affidavit that the judge b ore whom the action or proceeding is to  tried or heard has a personal bias or prejudice either agxainst him or in favor of any opji)os1te party to the · suit, such judge s all proceed no further therem, ut another judge shall be designated in the manner prescribed in the section last pre- · ceding, or chosen in the manner prescribed in section twenty-three Amdsvimqnired- to hear such matter. Every such affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be filed not_less than ten days before the   of the term of the court, or good cause shall e shown for thefailure to file it within such time. No party shall be entitled in an case to file more than · one such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that suchafiidavit and Wine-niudse admin application are made IH good faith. The same proceedin shall be ""°“m"' had when the presiding °udge shall file with the clerk of tinge court a certificate that he deemsliimself unable for any reason to preside with absolute imjwlniality in the pending suit or action._ bgggrmugpsfrjjtomce Sec. 22. ren t 16 office of judge of any d1str1ct_court becomes n._s., secs.602, aa, vacant, all process, pleadmgs, and proceedings pending before such P·1°"· court shall, if necessary, be contmued b the clerk thereof until such ' times as a judge shall e appointed, or dlesignated to hold such court; and the judge so designated, while holding such court, shall possess the powers conferred by, and be subject to the provisions contained in, section nineteen. Diyision or business Sec. 23. In districts having more than one district °ud e the `ud es {l‘.,§l,$$‘§lf.§§.§‘fm‘ “d‘l" may agree upon the division of business and assignriieni of cages glimtrial in said district; but m case they do not so agree, the senior circuit judge of the circuit in which the district lies, shall make all necessary orders for the_div1sion of busmess and the assignment of cases for trial in said district.