, 1857-02-13
Approved, April 2S, 1856.
PupLIc23.


AN ACT to alter and amend an Act entitled q An
Act TO establish a Circuit Court Of the United
States in and for the State of California approved
March third, eighteen hundred and ity-hve.
| Be il enacted by the Senate and House Of Repre-
se1tatyes of the United States of America in Con
gress assembled That the circuit court of the United
States for the districts Of California shall hereafter
hold four regular sessions in each year two OF which,
beginning respectively the first Monday in January
and July shall he held at San Francisco, in and f0r
the northern district of California and the other
two beginning respectively on the irst Monday OF
March and September, shall be held at Los Angeles
in the southern district of California, and the circuit
Judge Of California shall have the same powers in re-
lation to his attendance said sessions and the
rangement of business thereat vested in other
circuit judges Of the United States by the second sec
tion Of the act approved the seventeenth Of June one
thousand eight hundred and fortyfOur, entitled An
act concerning the supreme court othe United States
Provided, That the term of said court herein proyd
ed to he held at San Francisco on the first Monday 10
January next. may be held in advance of that time
under order Of the said circuit judge upon notice pre-
vously given in conformity with the second section
Of the act of which this is amendatory.
Sec. q And be II further enacted, That the said
circuit court shall be presided by the judge OF
the circuit court of the United States for the districts
Of California and by the judge Of the district court
for the district inwch the court is holden, either Of
whom shall constitute quorum and the said circuit
court and the said circuit judge and each Of the said
district judges within his separate district, when sit
ting as circuit judge, shall be, and they hereby
respectively vested with all the authority, powers
and jurisdiction which are vested by existing laws in
the several circuits Of the United States the judges
thereof And all laws, or parts Of laws, which
may hereafter be enacted, regulating the uris
dction process, and practice Of the circuit courts OF
the United States shall be, and the same are hereby
made applicable to the said circuit court for each Of
said districts of California. And the marshal Of the
United States fer each district of California shall act
marshal Of said circuit court for his district, and
shall attend not only the regular sessions Of said
courts but such special extra terms may I've held
in either district which the said circuit judge is here
by authorized TO order In conformity to the mode di
rected by the second section Of the act Of which this
act is amendatory.
Of the said circuit court Of the United States for the
districts of California shall keep the records Of said
court in the city Of San Francisco and be il hereby
authorized to appoint deputy deputies. whose Of
dcial acts signatures attestations, and certificates
shall be enttedtO full credit those Of the said
clerk.
Sec. 4. And be 1t further enacted That all suits or
causes instituted in the district courts of California
prior to the first Monday Of July eighteen hundred
and ffty-1ve, and which remain pending in either of
said courts, or in which final process has not been
ecuted and which properly within the Jurisdiction
Of circuit courts and not Of district courts Of the
United States, shall be removed for the district in
which the cause Is pending by transfer and delivery
to the clerk Of the said circuit court Of the original
papers with an eNempacaton Of the record or dock
ct entries under the seal of the district court for
which exemplhcation the clerk Of the said district
court shall receive the fees allowed for
similar services in making transcripts for appeals
writs Of error to be paid by the party applying for
the same, and taxed costs on final judgment and
all causes pending nsal circuit court Of the Uni
ted States against parties residing in the southern
district Of California shall application Of the par
ties defendant. made within three months from the
date when this act shall take effect, be removed in
like manner to the said circuit court held in the
southern district Of California, and all such causes
shall take rank the docket according to the date of
removal; and all suits removed under the provisions
OF this section shall he proceeded in, and conducted in
the same manner If originally instituted in the
court to which they may be removed.
Sec s. And be it further enacted That all laws,
parts Of laws contrary to inconsistent with this
act shall be, and remain repealed from the date when
this act shall take effect.
Sec C. And be it further enacted, That this act
shall take effect in ninety days after the passage there
of, and not before that period.
Approved, April 30, 1856.