The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-07
IPUBLIC-No. SILL

[PuBLlc-No. 5l.l
AN ACT TO provide for extending the laws nd the
judicial system of the United States TO the State
of California.
Be IL enacted By DE Senate and House of Represer-
taiUes Of the United States Of 14merica Congress
assembled That all the laws of the United States
which not locally inapplicable, shall have the
force and effect within the said State of Cali
fornia, elsewhere within the United States.
SEC 2. And be IL further enacted, That the said
State shall compose two districts, to be called the
northern and southern districts Of California, d-
vided by the thirty seventh parallel Of north at-
tude. And for the purpose of trying all issues of
fact triable by jury in said districts, district
court shall be held said districts 10 consist OF
Judge, who shall reside within the district to
which he is appointed, and be called district
judge, and shall IN all things have and exercise the
same Jurisdiction and powers which were by law
given TO the Judge of the southern district of New
York; the said Judge shall appoint a clerk at the
place at which court Is holden within the district,
who shall reside and keep the records Of the court
at the place Of holding the same; and shall receive
for the services they may PERFORM for the first four
years after the passage Of this act, double the
amount allowed 10 the clerk OF the southern dis-
tIict Of New York; and thereafter shall receive
only the fees allowed TO the clerk of the said south
crn district Of New York, and may appoint
deputy.
SEC. 3. And be Il further enacted, That the judges
of the districts Of California shall hold extra
sions at any time when the public interest may in
their opinion require the same.
SEC. 4. Ind be IL further enacted, That the Judi
OF the northern district Of California shall hold two
regular sessions annually at San Francisco, and
one regular session annually at San joe, Sacra-
mento and stockton, at the times following, to
wit: at San Francisco, on the first Mondays Of De
ccmber and June; at San Jose, on the first Monday
in April; at Sacramento, the fret Monday in
September; and at Stockton, on the second Mon
day in October.
See 5. And be il further enacted, That the Judge
OF the southern district Of California shall bold
regular session annually the following places
wit: at Monterey, on the fret Monday in June;
and at Los Angeles, on the FIRST Monday in De-
ccmbers
SEC. 0. And be Il further enacted, And should the
judges Of either Of the said district fail to
attend at the time and place Of holding any one Of
the regular terms Of the court for either Of said
districts before the close Of the fourth day Of any
such term the business pending in such shall
stand adjourned 70 the next regular term thereof;
PrOuided, That whenever the Judge Of either Of
said courts, from any cause shall fail to hold reg
uar term VI said court II shall be bis duty, II, in
has opinion, the business in said court shall
qurc 70 hold intermediate term Of said court at
such time as he shall, by his order, under hs hand
and zeal, direct, addressed 20 the cler and marshal
OF said court at least thirty days previous TO the
commencement Of said term, and 10 be published
IN the several newspapers published in the bounds
81 said district the same length OF time; and at
and ali such intermediate terms, the business Of
any such courts, Of every nature and description
Whatsoever shall have reference to, and be pro-
cceded with, in the came manner II the same
pere a regular term Of said court.
SEC. Z. lind BE- IL further enacted That there
shall be allowed TO the judge of the northern dis
trict Aforesaid annual compensation Of three
thousand five hundred dollars and 10 the Judge Of
the southern district Aforesaid annual compen-
sation Of twenty eight hundred dollars, 10 com
Inenoc from the date Of their appointments respec-
lively.
SIZE 5. Ind be Il further cnaeisd, That there
shall be appointed in each Of said districts per-
ron learned in the law, 70 act attorney for the
United States, who shall, in addition TO his fees Of
Office which, for the first four years after the pas-
sage of this act, shall be double those of the south
district Of New York; and thereafter he shall
be entitled TO receive the ees the attorney
Of the said southern district Of New York, and
salary Of five hundred dollars annually foil
compensation for all extra services.
SEC. 9. Ind be IL further enacted, That mar
shal shall be appointed in each Of said districts
who shall perform the said duties, be subject 10 the
same regulations and penalties and be entitled to
receive for the first four years after the passage Of
this act double the amount Of fees which are pre-
scrbed 10 narshsls in the southern district OF New
York, and thereafter he shall be entitled to receive
the lees Of the marshal Of the said southern district
of New York and shall, moreover, be entitled TO
the sum OF five hundred dollars nnualy as a com
pensaton for all extra services; and the said
shall sbali have the right TO appoint as many depu-
ties ne the duties Of his Office shall require.
SIC 10. dnd be u further enacted That in addi
ton TO the ordinary jurisdiction and powers Of a
district court of the United States with which the
southern district court Of New York has been in.
vested, the said courts be, and hereby are invest
cd respectively, within the limits Of ts district,
with the exercise of concurrent jurisdiction and
powers in all civil cases exercised by the cir.
cult courts Of the United States, and that in all
cases where said couris shall exercise such juris
dction, appeals may be taken from the judgments,
orders, or DEGREES Of said courts, TO the Supreme
Court Of the United States, in the same manner,
and upon the same conditions az appeals may be
taken from the circuit courts.
SEC. IL. And BE- IL fvthD enocfed, That all civil
causes now pending in any Of the courts Of Cafor-
MIA, the Jurisdiction of which properly belong
30 lihe courts OF the United States herein estab
lishcd, shAj be removed 70 the said United States