Page:United States Statutes at Large Volume 44 Part 1.djvu/879

 ° ’ TITLE £8.—-·JU.QIC'IA.L ·0< ,,,,,,,3,;; 1o:·m,¤<>r any Uma fduringduch term, t;l&`C0\11’·t may [ j to- odjoumod by tho marshal, oaf clerk, by virtue of a written ,~,,g~,%,~:· xiiroctod to him by. tho judge, to tho next regular term, ,,;» H, may ourlior day, uS·th€_0rdor dy direct. _(R. S._ §, 583; 3,;;,;-, 3:, 1911, c:%1. E12, 36 Stdtl 1088.), `~ = _ 13*. (hidioial Code, Location `I3, amended,) Disability of ‘ §m’go; aocumgalatiog of  Business; _ designation of another;. Edd go.—~\\¤’i§;o12·ovor may district jxqge by rodddn of any disdbitity ,;¤ ";§—vos,s,ary ditiww from. his district or the. accumulzttiong or oz·;·6m13:· of lmsizaoss is umxbio to ?1·£drm speedily the wdrlé of I .,,;,,m<¤o, tho, oirtiuit justioo thereof, may} if ill his judgment the `, gglggv ;morosfre¤;uiros, designate adnddassigudanxy district judge f'     gmy d§s£¤rict court witdiaibn tho same judicigzl cixfcuit to act as ,;;,m,;t iwlgoin such didtrict and to discporgo all t_ho”,judioiz>,l -_ ,g;,m·s of a, judge tlxoroizvf for such time as the business, of the ~ , {wi district; court may réquirp. Whoncvor it is foand imprqé-. .,;geé;<· judioial circuit as above provided and a cortificigte of the - 5¤»·;:·o or said circtxit justice to the Chief Justice of the, United
 * §a;»» »$i§;<£:·iot, tho'soxs§or éircuit jm go of that- circuit,_01t, in his »
 * ,·;,§d,~ to designate and amiga sfnotherddistrict judge within the
 * ,»-ods ofmxy snob district is goresontéd by-said senior circuit
 * <;:m—s, ho, or in his ab$e·nce— the sénior assoéiate justice, may, it

4 io his jtzdgmoixt the public intérost so requires, d€SigIZl$1t€‘H}1d zigemio. orgif not practicabtk, then of any judicial circuit, to m°; x;_s§· such district- as dbové provided. Before any such dossgzazxtiem or assignment  made the senior circuit judge of tho ‘ §·ir·,·uit Hom which tho dosigmted lor assigned judgois dt0‘bc_ imma shal1.couSont*ti;oroto.-· All desigxiations and assignments! ' made hereunder shall bodied iujho (mee of thoclerk and on- ‘ wml on me minutes of both the comit fromfaud to {which a 3mi;so`i.·; doojguated and assigned. (R. S. S 59}; Har. `4, 1907, _ <·. :5349, 34 Stat. 1417; Mat. 3, 1911, ci, 231, §-13, 36 Stat. 1089;, ?%#¢.·pi.. 14, HQ, c. 306, 53, 42 Stat, 839.) J _ .—, Q  hl  18.   Code, sccti¤m·14,· •medd&.).7 Poivor of designated iudge.-—·—-Eyach dgistrict judge déSi§,"21tItBd° mid assigned md-ox-- tho §i"O¥·iSi(`:I1S of section 17 of this">` chapter may hold ,:opdrdte1y and at tho same time ·a· district `court ih tho district or, torritoxfy to which such judge is designated and d$i¥gucd maxi dis»ohargo_a4r tho judicial duties oytho district or terrig m*iz,1i judge therein. ’(,R, S, 5 592; Mor. 3, 1911,`c. 231, §‘ 14, _ dis Smit. 1 *»¥ ; Sept, 14,1922, c;j3€)6, §‘ 4, 42 Stat. 839,) · ,< 19. (Judicial Code, denim: 15.) . Designation; by Chief Jus- .· !ico.·——·if all me circuit jpdgos and the circuit.justico ago absgnt: ‘ from the oircait, or are uxmblé to execute tho pmirisions of ` geoigtioxz Q7 of thig title, or it that district judge so designated ix disabled or nogioots to hold the murt   trahsgct thé i»uoi~:1goss for which he is designated, the clotk of — the district. court shall, certify, tho fact, to the Ohio; Justiéo, of tho Unjtod Sta too, who may t:i1eroupo¤" doéigndte m1df &1ip¤i¤¢.i¤ ihé m¤¤··v nor afortzdaid tho judge of may district within,   circuit or witixiu a¤y,othé1·,oirco}t; gud said qppointmont shall be tm¤s·- mittml tothé clot-; and boaotod upon by him as directed. in A =¤:<:tio¤_ 17 ot, this title. " (B; S. § 593;.M8.1‘. 3,1911, c. 231, I § 1:;, so sm, mw.),   2, _ 2d. (Jwdkial Code, section 16.) New apbéntmtut imd r¢vo—` ‘ C8ti¤B31f····—*·A.!3}’ such cimmt judg¤e,*0r circuit justice, or the Chiéf Juotioé, as the oasomay be, may, from time to tixxgo, if in his iudgmont tho public interests so require, make a no% designation md nppofutmntot kay othoi district judge, in the mmv gaor, for tho. dutios, and  tho- powoxt mentioned in soctisms 17, ,18, mad"19 of this title, and xovoko any prévious dosigmticm and appointment, (R. S. 5 594; Mar.-4, 1911, c. 231, §1{$, 343 Stat. 10%.) " `. _ `_j _ J Y “L Q 21. (J¤dicia1·Code,$¤octio¤ 17.) Designation to aid axaothef ‘1¤dx¢··-—-It shall be tho duty of tho senior circuit judge `thon; 86270*-—-26-7-—-55 .. o » `
 * é-~i;z:z a district judgo_of a-u adjoining judicial circuitjf prac-_
 * —w£o;·;;; tho duties of district judge and hold a district court

one are JUDIOIARY  · § 24 present in the circuit, whenever in 'hiaijudgrneet th? public intereet an requires, to de:·;ignate and appoint, ie the manner and with the powers jprovided in sections 17 and 18 of this title, the district judge or anyl-judicial diatriet within his circuit to hold ia district court ia the place or lin aid of any other diatriet judge within thelaame circuit. (R. S. § 596; Mar. 3, 1881, c. 133, 21 Stat. 454; Mar. 3,*1911, c. %1, § 17, 36 Stat. 1089.)-f. _— -4  22. (Judicial Code, aectio;1 18, amended.) Circuit jadge designated tojheld iiiatricte court; pewera.———-The Chief Qlaetiee of the- United States, or the circuit jaatice of aiiy judicial eir- p cult, or theisenior circuit judge thereof,ma»y, if the pirblie interest requires, designate and assign any eirctgit jindge of a jedicial circnft to hold a district court within aachcircait. The judges of the United States Court of Castoma,Appeals,‘ or any of `them, whenevérthe: business of that court will permit, may, if in.-theiljudgment of the Chief Jnstice of the United States the public interest requires, be designated and assigned hy him for` seririce from time to tim and anti} he {shall otherwise direct,. in the Supreme Court of the District of Colmabia or the Geert of Appeala of the District of Colamhia, when requested by the Chief Justice of either of said courts;. _ _ " _- During- the period of service of any judge dwigaated and assigned under this chapter, he shall have all the powers, and rights, and perform, all the duties, of- a judge of thedistriet, or a justice of the court, téiiwhich he has been assigned (excepting the power of appointment te a statutory poeition or of permanent designation of newspaper or depositary of funds). Ia case a trialhas been entered upon before such period ofserriee has expiral and has not been concluded, the period of service. shall be deemed to be extended -until_ the trial has been com-· cluded. ~ · ‘ · . X. . ‘  . Any designated . and- assigned judge who has held court ia another district than his ‘okvn shall have- power, notwithstanding his absence ·§rom_ such district and. theQ_expiratienYof the time limit ia his designation, to' decide all `matterewhieh have been suhmitted to· him' Within such district, to deeide riaotioaa for new trials, settle billsl of exceptions, certify or authenticate narratives bf testimony, or perform any other act rmnired by law or the rules to be performedixi order te hrepare any case so tried by him, for review. in an appellate court; and his action thereon in writing tiled with the clerk of the eourt where the trial or hearing was had Shall be as ralidr as if such aetion had heen- taken by hiin withintha-t district; and within the period of his designation. (Mar. 3, 1911, c. 231, § 18, 36 Stat.; 1689 —; Oct, 3, .1913, c. 18, .38 Stat. 263{ Sept. 14,.1922, eg 306, §l5, 42 gmt _ · j » .   [ _ V . 23. (Judicial Code, section 19.) Same; duty of district or circuit judge.—·——-It ahall‘be__the’ duty of the distric·t—`or c·§re·eit‘ judge who is designated and appointed Tender eitherof szeetioas ` 17 to 22 of this title, to diseharge all the judicial duties for which he is so appointed, during? theitime for which he is so appointed; and all the acts and proceedings in the courts held by   or by er. beforehim, in pnrsxiaace. of aaid provisions, shall. have the same effect andvalidity as if done by or before the district judge of the Said district. (R. S. § 525i Mar. 3, 1911, e. 221, t 19, 36.Stat.·1(l90.) “ » _, 1 24. (Judicial Code, section 20.) Interest, or relationship of district jn1dge.——Whenex·ersit appears that the judge of any district court is in any way concerned ia izitereét .in_any suit pending therein, or has been of ceansel or is. a material witness for either party, or is {SQ related to or conneetetl with either party as to render it iniproper, in his opinion, ter him to sit on the trial, it shall be his dutr, orrapplication by- either-party. to cause the fact tw be'._enfered on the records of the eourt; uml also anaorder that an authenticated copy thereof shall he forthwith certided to the senior circuit judge for said circuit then