Page:United States Statutes at Large Volume 36 Part 1.djvu/1156

 1132 SIXTY-FIRST CONGRESS. Suse. III. C11. 231. 1911. a term, it shall be made by the Chief Justice, and shall be bindmg . until the next term and until a new allotment by_the_ court. Whenever, by reason of death or resignation, no_just1ce is allotted to a. . circuit, the Chief Justice may, until a justice _1s regularly allotted ‘ thereto, tem rarily assign a justice of another_c1rcu1t to such circuit. uS°P*‘°¤g ‘f,°§,’§,l,‘§‘; Sec. 120. lllhe Chief Justice and theassociate justices of the Supreme juizlsgesminay sn in Court assigned to each circuit, and the several district judges withm "°{‘}{,‘f §§_“,§{*’§2;°l* each circuit, shall be competent to sit as judges of the cirouit court or an associate justice of the Supreme Court shall attend at any session of the circuit court of appeals, he shall pres1de._ In the absence of such Chief Justice, or associate justice, the circuit judges in attendance upon the court shall preside in the order of the seniority of their respective commissions. n case the full court at any time shall not be made u by the attendance of the Chief Justice or the associate justice, and) the circuit judges, one or more district judges within the circuit shall sit in the court according to such order or provision among the district judges as either by general <;dparticular assigngwgziinmuou of ment shall be designated by the court: Provi, That no (judge rung? before whom a cause or question may have been tried or hear in a district court, or ezdsting circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. wD¤¤iz¤¤¢i<>¤ ¤f Sec. 121. The words "circuit justice" and "justice of a circuit/’ iil”§., »s.ws,p.1w. when used in this title, shall be imderstood to designate the justice of the Supreme Court who is allotted to any circuit; but the word "judge," when applied generally to any circuit, shall be understood · to include such justice._ _ e_sS¤¤ejc¤.f¤r¤¤¤¤fv¤¤¤- Sec. 122. Each of said circuit courts of appeals shall prescribe the \lo1.é6, p.827. form and style of its seal, and the form of writs and other process and procedure as may be conformable to the exercise of its jurisdiction; and shall have power to establish all rules and regulations for the conduct of the usiness of the court within its jurisdiction as conferred by law. mgggjg W “¤'¤'*°* _Sec. 123._ The United States marshals in and for the ‘several disv01.m,p.2¤. tmcts 'of said courts shall be the marshals of said circuit courts of apppals, and shall exercise the same powers and perform the same duties, under the regulations of the coiu·t, as are exercised and performed by the mars al of the Su reme Court of the United` States, so far as the same may be applicable. . gigké p_m_ Sec. 124. Each court sha appoint a clerk, who shall exercise the ` ’ same powers and perform the same duties in regard to all matters within its jursidiction, as are exercised and erformed bv the clerk of the Supreme Court, so far as the same mayibe applicable. WW ¤;l;;*¤· Sec. 125. The clerk of the circuit court of appeals for each circuit I" p' may, with the approval of the court, appoint such number of deputy clerks as the court may deem necessary. Such de uties may be removed at the pleasure of the clerk appointing them, with the approval of the court. In case of the deatli of the clerk his deputy or deputies shall, unless removed by the court, continue in office and perform the duties of the clerk in his name until a clerk is appointed and has qualified ; and_ for the defaults or misfeasances in office of any such deputy, whether m the lifetime of the clerk or after his death, the · clerk and his estate and the sureties on his official bond shall be liable and his executor or administrator shall have such remed for such · _ defaults or misfeasances committed after his death as the clerk would _ be entitled to if the same had occurred in his lifetime. '{‘,$¤i¤¤g P M Sec. 126. A term shall_be held annuallv by the circuit courts of ` ’ ‘ appeals in the several judicial circuits at the following places, and at such times as may be fixed by said courts, respectively: In the first circuit, in Boston; in the second circuit, in New York; in the third circuit, in Philadelphia; in the fourth circuit, in Richmond; in the
 * ’**¤*d%¤€ l“d8°· of appeals within their respective circuits. In case the Chief Justice