, 1855-09-21


thirty days previous to the commencement
of special or extra term or terms, which or
der shall be published iutcrmedateIy in two
or more of the gazettes of the State of Cal
ifornia; and at any or all Of such special
terms the business Of said court shall have
reference to the Immediately preceding reg
uIar or special term, and be proceeded with
in the same manner; and such proceedings
shall be, to all intents and purposes, as val
id as if the same had taken place q regu-
lar term of said court all which terms
shall be held at such place, in the city Of
San Francisco, as the marshal OF the Uni
ted States for the northern district Of Cal
ifornia, whose duty it shall be to act as the
marshal of said court, shall procure for the
purpose, under the direction of said judge /,
and appeals from the proceedings Of the
court organized under this act shall be
taken to the Supreme Court Of the United
States, in the same manner, and on the
same conditions, as appeals, are taken under
existing laws from the other circuit courts
of the United States.
SEC. 3. md be IL further enaeted, That
the Judge of said court shall have the pow
er to issue writs of habeas corpus and 9th
er wriis as is vested by law in the other
Judges of the United States.
SEC. 1. iad be il further enacted, That
in case the judge of said court shall fail to
attend at the time and place ofholding any
regular or special term Of said court, before
the close of the fourth day after the com
meucSnent Of fSuch term, the business pend
ing before said court shall stand adjourned
until the next regular term of the court,
should be one ordered under the authority
of this act previous to such regular term.
SEc. 4. And be it further enacted, That
the district courts Of the United States for
the northern and southern districts of Cali
rornia, shall hereafter only exercise the Or
dinary duties and powers OF the district
conrts of the United States, except the spe-
cial jurisdiction vested in the said district
courts of California over the decisions OF
the board of commissioners for the settle
meut of private land claims in California
under existing laws and that appeals from
the judgments, orders, and DEGREES oil either
of said district courts Of California, IN the
exercise of its ordinary Jurisdiction, shall be
taken to the circuit court organized by this
act, in the same manner and upon the same
conditions rs appeals mny be taken from
the judgments, orders, or dccrecs OF the dis
trict courts to the circuit courts oft Uni
ted States. ..,..r
SEC 6. And De Il further enacted, That
tho Judge appointed under this act shall,
from time to time, or ut any timo when IN
his opinion the northern aud southern dis
tricts of California shall require, form part
Of, and preside over, the said district courts
when either Of them are engaged in the dis
charge of the Gppellative jurisdiction vest
ed in it over the decisions Of the board OF
commissioners for To settlement Of private
land claims in the State Of California, un-
der the act Of Congress entitled AN Act
to ascertain aud settle the private land
claims in the State of California" passed
March third, eighteen hundred and fifty-one,
and by another act entitled "An act making
appropriations for the civil and diplomatic
expenses Of the government for the year
ending thirtieth of June, eighteen hundred
and iifty-thrce, and for other purposes"
passed thirty-Rrst of Of August, eighteen
hundred and fifty-two, and it shall be the
duty Of the clerks Of the respective district
courts of California to give 80 days written
notice to the judge Of the court organized
under this act, Of the time and place Of the
sitting Of the district court for the discharge
Of such appellate jurisdiction and in case
the judge Of such district court shall fail,
from sickness or other casualty, to attend
at such time and place, the judge Of the
court organized under this act, is hereby
authorized to hold said court, and proceed
to the business Of the court, in accordance
with the provisions prescribed for the rcgu-
lation of said district court in the act Of
Congress hereinbefore referred to and all
appeals TO the Supreme Court Of the Uni
ted States from the decisions of said dis
trict court, whether held by the last-men-
toned Judge, or by him in conjunction with
the district judge, or by the district judge
alone, small be tnken in manner prescribed
by the oct Of Congress passed on the third
day Of March, eighteen hundred and fifty
one, entitled "An act to ascertain and set
tie the private land claims in the State Of
California.
SEC. I. And be Il further enGeisd, That
the salary Of the judge appointed under this
act shall be four thousand five hundred
dollars per annum, to commence the date Of
his appointment. II.
SEC. s. And be il further enacted, That
all laws aud parts Of laws initiating against
this act be, and the same arO hereby, re-
pealcd. -..-,r. t..rr lam
Approved, March 2, 1855.
CHAP. CXLIIT.-An Act changing the