Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-05-29

LAWS OF THE UNITED STATES
sssed at the Second Session OF the Thirty Seventh
Congress.
TPGBLIC-No. 81. ]

Congless.
TPGBIIC-No. 81.
An Act to regulate the time of holding the
courts of the United States for the district
of Kentucky, and for other purposes.
Be it enacted by the senate and house of rep
resentatives of the United States of America
in congress assembled, That the circuit and
district courts Of the United States for the
district of kentucky shall hereafter COM
mence and be held as follows At Covington
on the third Monday of April and on the first
Monday of December; at Louisville on the
third Monday of February and first Monday
of October; at Frankfort on the third Mon
day of May and first Monday of January; and
at Paducah on the third Monday of March
and the first Monday of November.
SEC. ,. And be it further enacted. That if
neither of the judges of said court be present
at the time for opening court, the clerk may
open and adjourn the court from day to day
for four days, and if the Judge does not APP
pear by two O'clock, p. NJ. of the fourth dav.
the clerk shall adjourn the court to the next
stated term. But either the circuit or district
judge, by written order to the clerk within the
first three days of his term, may adjourn
court to a future day within thirty DAYS from
the first day, of which adjournment the clerk
shall give notice by posting a copy of said
where the court is to be held; and the district
Judge, and in his absence the circuit Judge,
may order special term of the circuit court,
designated in similar order, to be published
in a similar manner, and in one OF more news
papers in the place where the court is held
and by said order the judge may prescribe
the duties OF the officers of court in summon
ing JurleS, and in the performance of other
acts necessary for the holding of such special
term, or the court may by its order, after it is
opened, prescribe the duties of its officers,
and the mode of proceedings, and any of the
details thereof.
SEC 3. And be it further enacted That
such number Of jurors shall be summoned by
the marshal at every term of the circuit and
district courts, respectively as may have
been ordered OF record at the previous term
and in case there is not a sufficient number of
jurors in attendance at any time. the court
may order such number to be summoned as
In its Judgment, may be deemed necessary to
transact the business OF the court. And a
grand jury may be summoned to attend every
term Of the circuit or district court by order
OF court. The marshal may summons uries
and talesmen in case of deficiency pursu-
ant to an order of court made during the
term and they shall serve such time as the
court may direct.
SEC. 4. And be it further enacted, That q
special term of any district court may be helC
at any time that the district Judge may orde
by giving notice thereof on the front door o
the courthouse where the court is to be held
and in some respectable newspaper, if Their
be any, at the place.
Sec. 3. And be it further enacted, that til
district judge may adjourn the court fror
time to time to suit the convenience of lit
lgants and to meet the necessities Of the bus
mess; and the intervention Of a term of dis
trlct or circuit court at another place shall NJ
preclude the power to adjourn over to futuI
day.
Sec. 6. And be it further enacted, that IL
terms Of the circuit and districts courts sha
not be limited to any particular number
days, nor shall it be necessary to adjourn /
reason of the intervention of a term of fl
court elsewhere; but the business of Il
courts at two places may proceed there. beir
aJudge present at each place, or the cou
intervening may be adjourned over, as here
provided, till the business of the court in Sc
sion is concluded.
Sec. 7. And be it further enacted, that
clerk shall be appointed at every place
holding circuit or district courts for the di
trict Of Kentucky, in like manner and subie
to the same duties and responsibilities til
other clerks are subject to, in other indepe
Louisville, and Paducah shall perform the d
ties of the officers, respectively till clcr
are duly appointed and qualified.
See. 8. And beitfurther enacted, that cor
mssioners appointed by the courts of the L.
tied States to take bail, affidavits, and sofor
snail have like powers to take surety Of Il
peace and for good behavior. according to II
act of July sixteen, seventeen hundred al
nnety-elght, that other officers designated
said act now have.
Sec. ). And be it further enacted that a
process which shall not have been rcturnc
when this act takes effect shall be returnab
to the terms, respectively, herein fixed; an
the clerk, upon issuing original process in
civil action, shall make it returnable 70 fl
court nearest the county of the residence
the detendent, or Of that defendent who,
county Is nearest court, if he have inform;
ton sufficient, and shall immediately. uno
the payment by the plaintiff of his fees M
crued, send the papers filled to the clerk
the court to which the process is made retur,
able; and whenever the process is not tin
made returnable, the defendant or defendan
may, upon motion, on or before the calling
the cause, have it transferred to the court
which it should have been sent had the Gle,
known the residence of the defendant or d.
PENDANTS when the action was brought.
Sec. 10. And be it further enacted that
case of the existence of bail bonds for the Al
pearance persons to answer, it shall be til
duty Of the clerk to call the parties at the tim
they are bound to appear, and, if they fail. t
enter the same on his minutes. on which en-
try Judgement may afterwards be made O
record by the court; andif the party appears
the clerk shall take another bond, with sure
ues similar to the first, for further appearance
~ ~ the next succeeding term of the court an,
ne shall stand committed bv order of the cIeri
till he does comply.
Sec. II. And be it further enacted that .,
laws and parts of laws inconsistent hcrc,yit
are hereby repealed and this act shall he !
force from and after this passage.