Delaware State journal and statesman., 1864-03-08
Omoial.
LAWS OF THE UNITED STATES.
Passed a, the First Session Of The Thirty. ETqha
It Congress.
TPuDLIc-No. 10 I

PUBIIc-No. 10
AN ACT amendatory Of and supplementary to Gar
act TO provide Gil cult courts for the district,
of California and Oregon, aud for other pur
poses," approved March third, eighteen hun
dred and eixty-'hree.
Be Il enacted by The Senate and House Of Rep
resentatVes ofthe United States Of Amerasa in Con
gress assembled, That the tenn OF the circui
court OF the United States for the distriots II
California shall DO held IN tie city Of San Fran
Disco, in said State, on the first Monday of Feb
rusry, and on the second Monday of June and
on the hrst Monday Of October, of each wear
aud in thscity Of Monterey, in said State. on tho
hFst Monday Of April, and on tho second Monday
Of August, and on the first Monday of d, cember
OF each year; and that term Of said circuli
court for he State Of Oregon shall be held at the
CITY OF Portland, in said State on the first Mon
DAY oil tJabuary, and on The first Monday Of May,
ana on the hrst Monday of September, of each
year.
SIC 2. AHd be ID further enacted, That when
ever the circuit judge is absont, or, from any
cause, is unable to hold a term of the circuit
court as above provided, it shall DO the duty of
Of the district judge Of the district TO hold such
term. No term OF the circuit court in one dis.
trlct of the tenth circuit shall be deemed 10 be
GUIDED from the commencement of q term in
another district A circuit court NAV be bel,isn
Sko. 3. And Be IL further enacted. That the cir
cult Judge Of said tenth circuit may, at his dis
erection, appoint special sessions OF tho circuit
COURT TO be held at the places where tho stated
sessions thereof are to be holden, as provided in
this act, by 40 order, under his hand and seal.
addressed TO the marshal and clerk OF SAID court,
nt least fifteen days previous to the day fixed for
the commencement of such special sessions.
which order shall be published by the marshal
N ma Qr mn 0f fha
within the district where such sessions are to be
holden. At such special sessions it shall be
competent forthe said court to entertain iuris-
dioiion Of and hear and decide all cases in equity.
cases in error, or Oh appeal, issues Of law, mo-
tons in arrest Of judgment, motions for new
trial, and all other notions and to award execu
tons and other final process, and to do and to
transact oil other business, and direct all other
proceedings in all cnases pending in the circuit
court, except trying any cause by jury in the
same way, aud with the same force and effect as
the snme could or might be done at the stated
sessions Of such court. At said special sessions
said court may also try and determine all issue.
Of fact in cases in which, by the stipulation IN
writing Of tue parties, or their attorneys. and
filed wi ih the clerk. a jury shall be waived.
SEc. A. And De IL further enacted, That The
clerks Of the oi cut courts lor the districts OF
California shall be appointed by the circuit
5u"BN VI wv tehth oUcult. Ihe appointment
snalh be in writing under the hand and seal Of
the circuit Judge, a. d shall be flied 10 the clerks
office and entered at large upon the records OF
the court The circuit Judge may revoke the
appointment at any time by filing in the office
| OF the cltrk notice IN writing under his hand
| aud seal, stating that the appointment is tevoked
The revocation shall be entered on the records Of
| the court. The clerk, before entering upon ths
| discharge of his duties, shall take the oath Of
| Office prescribed by the act entitled .'Au act 70
prescribe an oath OF office and for other pur-
poses" approved July two, eighteen hundred
and sixty-two, and such oath shall be endorsed
upon his appointment. The clerk shall also
execute bond to the United States with two or
more sufficient snreties in such sum as the cir
cut judge may designate, conditioned for the
faithful performance Of his duties. 10 case OF q
vacancy in the Office of clerk, the district Judge
shall have power to Gil such vacancy by appoint
ment y hich shall continue until an appointment
is madr by the oircnit judge.
SEo And be 10 further enacted, That the
clerks Of the circuit courts Of the tenth circuit
shall have power to appoint one or more depu-
ties, who shall have the same authority, in all
respects, as their principal, The appointment
shall be In writing, and be signed by the clerk,
and shall be filed 10 his office, and be entered at
! large upon the records Of the court. The clerk
may revoke the appointment Of any deputy at
will by writing filed in the office, and entered
upon the records. Each deputy, before entering
upon bis duties shall take the oath Of Office pre.
scribed by the act entitled San act to prescribe
an oath Of office and for other purposes an.
proved July two, eighteen hundred and sixty.
tuO' And such oath shall be endorsed upon bis