Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-02-27

,e held IN the city of San Francisco 10 II
aid State, on the 6Tst Monday Of F4byp--Is
Try, aud On the second MOnday q, june, Us
md on the 6rst Monday OF OotpAerr Qs
ZACH year; and in the city of NoatsrRS
aid STATE, on the frat MONDAY ~ in
nd Oh tne secon5 Mpnday. II AsI9' pril,
Do the fTst Monday of .QecsE99f LAT AM. ;
geaI; and that q term o., seq Il, of each
or the STATE OF 0rssaR, . S--sircnii CONT
he city OF portland, e l---.aIl- be held at
iTst Monday Of Ip49' said State, ON the
Monday g 3eEs p liz and on The tiIst
81 StPtsIIQs6 I'd 90 the first Monday
Sec Q ~ i each year.
sS;SvSss.,, 1t-be-itEaFIher enacted, That
- - tie clrc1it Judge Is E6sent, or,
W any cause, is unable to hold term
ne circuit court as above provided, 1t
snail be the duty of the district Judge OF
The district TO bold such term. No term
of the eireui: court in one district of the
tenth c:tcuit shall be deemed to be ended
from the commencement of a term in an
other district a circuit court may be
held in the different districts at the same
time.
Sec. 3. And be il further enacted, That
the circuit judge of said tenth circuit may,
at his discretion, aPpoint special sessions
Of the circuit cour +, to DE held at the places
where the stated sessions thereof are to be
holden, as provided in this act, by an or
der, under his hand and seal, addressed to
the marshal aud clerk of=said court, at
least fifteen days previous to the day Fixed
for the commencement Of such special ses-
sions, which order shall be published by
the marshal iu one or more of the Hazettes
or newspapers within the district where!
such sessions are to be holden. At such
special sessions il shall be competent for
he tn r.
and hear aud decide all cases in eunity,
cases in error, or on appeal, issues of law,
motions in arrest of judgment, motions
for new trial, and all other motions, and
to award executions and other final process,
aud to do and to transact all other bust.
ness, and direct all other proceedings in
all causes pending in the circuit court, ex.
cept trying any cause by jury, in the same
way and with the some force and, effect MS
the same could or might be done. at the
stated sessions of such court At said
special sessions said court may also try
aud determine ali issues of fact ia cases,
IN which, by thEtSt'Pulation in writing of
the parties, or their attorneys, and filed
with the clerk, jury shall be waived.
Sec. 4 And be it further enacted, That
the clerks of the cirCuiG courts Iofithe dis
tricts Of California shall be appointed by
The circuit judge Of the tenth circuit. The
appointment shall be IL writing, under the
hand and seal of the circuit Judge, and
shall be filed in the clerks office and en-.
tered at large upon the records Of the
court. The circuit judge may revoke the
appointment ut any time by filing 10 the
office of the clerk notice in writing I'M.
der his hand and seal, stating that the an.
Pointment is revoked. The revocation
shall be entered on the records of the
court, The clerk, before entering upon
the discharge OF his duties, shall take The
oath OF office prescribed by the act emit
tied ian act 10 prescribe an oath of office
and for other purposes" approved july
two, eighteen hundred aud aixty-two, and
such oath shall be endorsed upon his ar.
pOIntment. The clerk shall also execute
u bond to the United States with two or
more sufficient sureties in such sum as the
circuit Judge may designate, conditioned
for the faithful performance of his duties
In case of vacancy 10 the office of elerk,
the district judge shall have power 10 iii
such vacancy by appointment, which shall
continue until au appointment is made by
the circuit judge.
Sec. 8. Aud be it further enacted, That
the clerks of the circuit courts of the tenth
circuit shall have power 10 appoint one or
more deputies, who shall have the same
authority, in all respects, as their priuci.
pal. The appointment shall be.in writing,
and be sigued by the clerk, and shall be
filed in 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 his duties, shall take
the oath of office prescribed by the act en-
Titled IAN act to prescribe an oath of office
nfh =
two, eighteen hundred and sixty-tWo-
And such oath shall be endorsed upon his
appointment. The clerk may take from
each of his deputies a bond With sureties
for the faithful performance of his duties.
but the clerk and the sureties on his Off.
oial bond shall be liable for all the official.
acts of each deputy -.
Sec. g.. Aud belt further euacte6s That
the clerks Of the circuit courts aud district
courts OF the United States for the districts
oil Oahiornia and Oregon shall severaily be
entitled 10 charge and receive for the ser.
vices they may perform double the fees
ana compensation allowed by the act en-
titled g An act to regulate the fees and
costs to ha-RlloWeds clerks, marshals. and
attorneys of the circuit aud district Conrrs
OF the United States aud for other purpo.
ses, approved February twenty six, eiab.
teen hundred aud fifty three
Sec. Z. And be it further enacted, That
issues of TACT in civil Osses may be tried
and determined by the said circuit court
without the intervention OF jury, when.
ever the parties or their AtIoFueys Of record
file stipulation in Writing with the CLERK
waving jury. UnOn the trial of an issue
OF fact by the court, it's decision shall be
given in writing aud fled with the clerk.
In giving the decision, the facts found and
the conclusions of Law shall be separately
stated The review of the Judgment or
decree entered upon such. 6biinSa- ~ The
Supreme Court Of the d lied Stsfss nDo,,
appeal or writ of error shall be limited to |
determination OF the sufRciency ri The
facts found TO snnnnrt III. s...I---sS. = --S.L