Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-04-07

LAWS OF THE UNITED STATES
Passed at the Third Session of the Thirty-Seveml
Congress.
PUBLIo-No. 70.

PUBIo-No. 70.
AN Act to provide for circuit courts for the
districts of California and Oregon, and for
other purposes.
Be 1t enacted by the senate and house of
representatives of the United States of Amer
lea in congress assembled, that the supreme
court ofthe United States shall hereafter con-
sist of a chief justice and nine associate Just
ices, any six of whom shall constitute uuo-
rum; and for this purpose there shall be APP
pointed one additional associate justice of said
court, with The like powers, and to take the
same oaths, perform the same duties, and be
entitled to the same salary as the other asso-
ciate justices. The districts of California and
Oregon shall constitute the tenth circuit, and
the other circuits shall remain as now consti-
tuted by law.
Sect. 2. And be it further enacted that so
much of any act or acts of congress as vests
in the district courts in and for the said states
Of California and Oregon, or either of them,
the power and jurisdiction of circuit courts,
and the act entitled can act to establish a
circuit court of the United States in and for
the state of California" approved March Sec
ond, eighteen hundIe and fifty-fiv be and
the same are hereby repealed, and the said
circuit court is hereby abolished; and there
shall hereafter be circuit courts held for the
gon by the chief justice, or one of the asso-
ciate justices of the supreme court of the
United States assigned or allotted to the cir
cult to which such districts may respectively
belong, and the district judges of such dis
tricts, severally and respectively, either of
whom shall constitute quorum, which cir
cult courts and the judges thereof shall have
like powers and exercise like jurisdiction as
other circuit courts and the Judges thereof;
and the district courts in and for the several
districts in and for said states of California
and Oregon, and the judges thereof, shall have
like powers and exercise like jurisdiction as
the district courts and the judges thereof in
the other Circuits.
Sect. 3. And be it further enacted, that all
actions, suits, prosecutions, causes, pleas, pro-
cess. and other proceedings, relative to any
cause, civil or criminal, (Which might have
been brought and could have been originally
cognizable in circuit court as established by
this act,) now pending in or returnable to the
several district courts of the United States in
the said states of California and Oregon, or
now pending in or returnable to the circuit
court OF California, by this act abolished act
ing as circuit courts, Cor SO empowered to
act,) shall be, and are hereby declared to be,
respectively, transferred, returnable, and con-
tinued to the several circuit courts constitu-
ted by this act, to be holden within said dis
tricts respectively, and shall be heard. tried,
and determined therein, in the same manner
as if originally brought, entered prosecuted,
or had in such circuit courts and no bai-bond
or recognizance taken in any of said actions,
suits, prosecutions, or causes transferred to
said circuit courts by this act shall thereby be
avoided, impaired, or invalidated: and the
said circuit courts shall be governed by the
same laws and regulations as apply to the
other circuit courts of the United States and
the clerks of said courts, respectively, shall
perform the same duties, and shall be entitled
to receive the same fees and emoluments
which are by law established for the clerks of
the other circuit courts of the United States
Sect. t. And be it further enacted, that
the circuit court for the districts in California
shall be held at the city of San francisco and
the city of Los Angeles, in said state, at the
same times now prescribed by law for holding
terms of the district courts for the northern
and southern districts of said state at said
places, and the circuit court for the state of
Oregon shall be held at Portland, in said state.
at the same times now fixed by law for hold
ing terms of the district court for the district
of Oregon at that place.
Sect. 5. And be it further enacted that
the judge assigned to the tenth circuit, as con-
stituted by this act, shall receive, in addition
to his salary hereinbefore provided, the sum
of one thousand dollars for his travelling ex-
penses for each year in which he may actual
ly attend session of the supreme court of
the United States.
Approved, March 8, 1868.