Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-13
Wastingtun Sentinel,
A BILL

repyeSefllQttttS OF inc CUHeu totuteS OF AWeftcG
in Congress assembled, That from and after the
passage Of this act the justices of the Supreme
Court of the United States shall not, as hereto
fore, be required TO perform circuit duty, but
they shall continue to have and exercise the
same jurisdiction and powers now vested in
them by law, within any of the circuits in
which they may respectively reside, in allow
ing writs of habeas corpus and writs of error,
granting injunctions, and doing all other acts
which may be done at chambers and out OF
term.
SEC. 2. And be ii further enacted, That here.
after there shall be two terms of the Supreme
Court held annually at the seat of government,
the one commencing on the first Monday in
November, and the other on the first Monday
in May.
SEC. 8. And be 1t further enacted, That the
district courts ofIhe United States, and the ju-
dicial districts thereof, shall be and remain as
now by law established, and the said districts
in the several States shall be divided and ar
ranged into circuits, as follows:
The frst circuit shall comprise the several
judicial districts within the States of Maine,
New Hampshire, Massachusetts,, and Rhode
Island;
The second circuit shall comprise the sew
eral judicial districts within the States OF New
York, Connecticut and Vermont;
The third circuit shall comprise the several
judicial districts within the States Of Pennsyl.
vania and New Jersey;
The fourth circuit shall comprise the several
judicial districts within the States of Delaware,
Maryland, and Virginia;
The fifth circuit shall comprise the several
judicial districts within the States of North
Carolina, South Carolina, Georgia, and Flo
rida;
The sixth circuit shall comprise the several
judicial districts within the States Of Alabama,
Mississippi, and Louisiana;
The seventh circuit shall comprise the sew
eral judicial districts within the States of Ark
ansas and Texas;
The eighth circuit shall comprise the several
judicial districts within the States of Tennss
see, Kentucky, and Missouri;
The ninth circuit shall comprise the several
judicial districts within the States of Ohio, In
diana, and Michigan;
The tenth circuit shall comprise the several
judicial districts within the States of Illineis,
Wisconsin, and Iowa;
The eleventh circuit shall comprise the seye-
raj judicial districts within the State of Cali
fornia
Sec. d. And be II further enacted, That
there shall be appointed Immediately ten cir
cult judges OF the United States, one to be ap-
pointed for and to reside in each Of the ten cir
cults herein first enumerated and defined, and
an eleventh circuit Judge shall be appointed so
soon as any other State on the Pacific coast
shall have been admitted into the Union, and
judicial district or districts organized therein,
to be comprised in the same circuit with the
State of California, and the said circuit judges
shall have the powers and perform the duties
hereinafter set forth.
SEC. S. And be ii further enacted, That the
said circuit courts shall have, and hereby are
invested with, all the jurisdiction and powers
now exercised by the present circuit courts Of
the United States, and the said circuit courts
shall be held at the same times and places as
now by law established, except in the fifth,
sixth, seventh, ninth, and tenth circuits.
SEC. G. And be II further enacted, That the
Supreme Court is hereby authorized and re-
quired to fix and establish the times and places
of holding the said circuit courts in the fifth,
sixth, seventh, ninth, and tenth circuits Pro
rided, That not more than two regular terms
shall be so established in any one district and
the said Supreme Court shall certify to the
Secretary of State the times and places so fixed
and established for holding the said circuit
courts in said circuits, who shall forthwith
cause the said certificate TO be published in all
the newspapers of the United States In which
the laws are published.
SEC. Z. And be II further enacted, That the
circuit courts Of the United States shall consist
Of the district Judge Of the respective district,
and Of circuit Judge under the following con.
ditions and limitations, namely: 1t shall be the
duty of the circuit Judge of the respective cir
cult regularly to attend and hold the circuit
courts in each district within his circuit, in con-
junction with the district Judge Of said district,
whose duty it shall be, in like manner, regu.
larly to attend the same and in case the dis.
trict Judge, by reason Of physical disability, in
.terest, or any other lawful impeachment, or by
reason of his being otherwise occupied in the
performance Of his proper duties as district
Judge, shall be unable to attend such circnit
court, or sit on the trial of any particular cause
therein, then the circuit Judge of the circuit
court shall sit alone to hold said court or try
said cause during any such lawful absence Of
the district Judge. And prorided further,
That whenever any circuit judge, by reason Of
physical disability, interest, or having been Of
counsel in cause, be unable to sit as judge
at the term or in the particular cause, then, on
reasonable notice Of such inability 10 sit being
given by such circuit Judge, or by the district
Judge to the circuit Judge Of an adjoining cir
cult, it shall be the duty of the Judge thus no
tilted, and he is hereby authorized, to hold the
term Of the court, or to try the particular
cause, as the exigency may require.
SEC. 8. And be II further enacted, That all
actions, suits, process pleadings, and other pro-
ceedings, Of what nature or kind soever, de.
pending or existing in the present circuit courts
Of the United States, shall be, and hereby are,
transferred and continued over to the respec
tive circuit courts established BY this act in
which such actions, suits, process, or other pro-
csedings ought, by law, to have been originally
instituted, had this act been in force at the
time of the inception of any such action, suits,
or other proceedings; and no process issued,
or proceeding pending id any or either Of the
said courts, shall be avoided or impaired by
any change cf organization made BY this act,
but al process, bail bonds, or recognizances,
returnable at the next term Of any or either Of
the said courts as now by law established, shall
be returnable and returned to the terms Of the
said circuit courts respectively, next held &C
cording to this act, in the same manner as if so