The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-01
BY A u THORITY.
Public Acts
Passed during the first session Of The THIRTY. first
Congress.
IPusLIc-No. III

(PusLIo-No. III
An ACT to provide for holding the courts of the
United States in of the sickness other dis
ability of the judges of the district courts,
BE IL enacted by the Senate aud House of Repre-
sentatirss Of the United States Of Amsrica in Con-
sress assembled, That in OF the sickness other
disability Of any disrict judge of any Judicial dis
trict Of the United States which shall prevest him
from holding any stated or appointed term Of the
district court Of his district or Of the circuit court
therein in the absence Of the circuit Judge, and
upon the fact OF such sickness or other disability
being certified by the clerk of such district to
the circuit judge OF the circuit within which such
district may lie, It shall be lawful for such circuit
judge, II in his judgment the public interest shall
50 require, TO designate and appoint the district
Judge OF any other judicial district Of the United
otates within the same circuit, to hold the district
court or circuit court in of the sickness alb
sencc of the circuit judge, in the place Of and dis
charge all the judicial duties of the district judge
who may be sick otherwise disabled as aforesaid
while such sickness other disability shalt con,
tinue; which appointment shall be filed in the of
ce of the clerk of the said district court and be EN-
tered on the minutes Of the COURT and certified
copy thereof, under the seal of the court, be, by
such clerk, transmitted to the Judge SO designated
and appointed.
SEC. 2. And be II further enacted, That in case
there be no circuit judge resident within such cir
cult, or OF his absence therefrom inability to
ecute the provisions OF the preceding section, of
the disability neglect of the district Judges de-
sgpated by him to hold the and transact the
business within the district for which he or they
may be so designated, the clerk Of such district
court shall certify such fact facts to the Chief
Justice OF the United States; and il shall thererpcn
be lawful for the Chief Justice of the United States
TO designate and appoint, in manner aforesaid, any
district judge within said circuit, of any judicial
district within a circuit next immediately contgu
Gus to the one within which such disability exists
which appointment shall be transmitted to such
clerk, and by him acted on directed in the gre
ccding section.
z 1uIb he f,trfLe NAT . hall
the duty of such district judge shall be for that
purpose designated and appointed, Gas in the pre-
ceiling sections provdcd,) to hold the district
orcircut court aforesaid, and discharge all the
judicial duties of the district judge, who shall be
sick otherwise disabled aforesaid, long as
such sickness or other disability sha con tnue; and
all the acts and proceedings in said courts, by
before the said district Judge dcs gnaed and ap-
pointed shall have the same force, effect, and va
lidity as if done and transacted by and before the
district Judge of said district.
SEC. 4. 4dnd be it further enacted, That it shall
he lawful Tor such circuit Judge or the Chief
Justice of the United States, as the ca.e may be
from time to time, If in his judgment tho public in
terest shall SO require, to make new designation
and appointment OF any other district judge Of any
Judicial district within the circuits as aforc-
said, with the powers and for the duties and pur
poses mentioned In the preceding sections of this
act, and to revoke and determine any previous te.
sIgnatou and appointment.
SKc. ). 44nd be ii further enacted, That the dis
trict Judge 30 designated and appointed TO hold the
court and discharge the duties oil the district Judge
OF another district, and who shall hold such court
or discharge such duties shall be allowed his reason
ableexpenses oftravel and from and ofresidepce in
such other district, necessarily incurred by reason
OF such designation and appointment, and his ODE
olence thereto; and such expenses shall, when Ger.
tied by the clerk and the district attorney of the
judicial district within which such services shall
have been performed, be paid by the marshal o.
spoh district, and allowed him in his accounts with
the United States.
Approved, July 49, 1850.
HOWELL COBB,
Speaker qf The House Of Representatives.
WILLIAM II. KING,
Prestdent OF The Senate pro tempo1e
WILLARD FILLMORE.