Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-07-14
LAWS OF THE UNITED STATES
Passsd at To Fsra SeuIoW Of the TAriy'sO.tA
NE Corgrtss,
IPusLle--No. lo.l

AN ACT 70 ptoNiuc VIVulN VVuie ior the ua- \
trieis OF california and oregon, and for other
purposes" approved March tmrd, eighteen
hundred and sixty-three
Be 1t enacted by the Senate and House Of Repre-
senialipes Of the Ua,ted States Of iReriea ~ Con-
gress assembled;
That the term Of the circuit court Of the Uni
ted states for the districts in California shall be
held in the city OF San Francisco, in said State,
on the first Monday of February, and ON the
second Monday Of june, and ON the first Mon
day of october, of each year; and in the city OF
Montery, in laid state, ON the first Monday Of
April, aud on the second Monday of August, and
on the first Monday Of December, of each year;
and that term of said circuit couJt for the state
of Oregon shall be held at the city Of Portland,
in said state on tbs first Monday OF January,
and on the first Monday Of May, and on the first
Monday of September, Of each year.
Sec. 2. And be IL further enacted, That when
ever the circuit judge is absent, or, from any
cause, is unable 70 hold term OF the circuit
court as above provided, 1t shall he the duty Of
the district Judge of the district 10 hold such
term, No term of the circuit court in one dis.
trict Of the tenth circuit shall be deemed to DO
ended from the commencement of term in
another distriot.N circuit court may be held in
the different districts at the same time.
Sec. 8. And be ii farther enacted, That the cir
cult Judge of said tenth circuit may, at his dis
cretion, appoint special sessions of the circuit
sessions thereof are to be holden, as provided in
| this act by an order, under his hand and seal,
addressed 10 the marshal and clerk OF said court,
at least fifteen days previous to the day fixed for
the commencement of such special sessions,
which order shall be published by the MARSHAL
I in one or more of the gazettes or newspapers
within the district where such sessions are TO re
| holden. At such special session II shall be com
petent for the said court 10 entertain jurisdiction
of and hear and decide all cases in equity,
| in error, or on appeal, issues of law, motions in
| arrest OF Judgment motions for new uial. and all
| other motions, and to award executions and
av,1 60 .na e
| other business and direct all other proceedings
in all causes pending in the circuit court, except
| trying any cause by jury, in the same way and
| with the same force and effect as the same could
| or might be done at the stated sessions of such
| court. At said special sessions said court may
also try and determine all issues of fact in cases
in which, by the stipulation in writing of the
parties, or their attorneys, and fled with the
| clerk, jury shall be waived.
! Sec A. And be IL further enacted, That the
clerks of the circuit courts for the districts of
| California shall be appointed by the circuit
Judge of the tenth circuit. The appointment
! Shall be in writing under the hand and seal of
the circuit judge and shall be filed in the clerks
Office and entered at arge upon the records of
| the court The circuit judge may revoke the
appointment at any time by filing in the office of
| the clerk a notice in writing under his hand and
! seal, stating that the appointment 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 entitled "An act to
| prescribe oath OF office and for other pur-
| poses" approved July two, eighteen hundred
and sixty 1.-TWO, and such oath shall be endors ID
| upon his Appointment The clerk shall also eX
ecute bond to the Unitel States with two or
| more suflicent sureties in such sum as the cir
cult judge may designate, conditioned for the
faithful performance of his duties In case Of a
vacancy In the office of clerk, the district Judge
shall have power to fill such vacancy by appoint
| ment which shall continue until an appointment
is made by the circuit judge
Sec. 5 And be IL further enacted, That the
clerks of the eircu courts OF me 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 in his office, and be entered az
| 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 pre-
| an oath of Office and for other purposes" ap-
| proved July two, eighteen hundred and sixty
two. And such oath shall be enforced upon his
| appointment The clerk may take from each of
| performance OF his duties, but the clerk nd the
sure,ics on his official bond shall be liable for all
the ON ial acts of each deputy.
Sec. 6. Ind be IL further enacted, That the
clerks of the circait courts and district courts of
| the Unitel Safes fer the diStric Of California
and Oregon shall Seyeraliy BE- emitted to charge
and receive for the services they my perform
double the fees and COMPENSATION allowed by
the act entitled can act to regu ate the fees and
costs to BE- allowed clerks, msrshals, and attor-
neys Of the circuit and distIici courts the Uni
ted States and for other purposes" approved
February twenty-six, eighteen hundred and
| ffty-three.
SEQ. 7. And be II further enacted, That is
Of fact in civil cases may lie tried and deter
mined by the aid circuit court wi bout the in
tie vention of jury, whenever the p,rtiss or
e liz a..
writing with the clerk waving a jury. Upon
the trial of an issue of fact by the court its deci-
sion shall be given IN writing and filed wi the
! o ERIK. In giving the decision, the facts found
| and tie conclusions of law shall be parately
stated The review of the judgment or decree
| entered upon such findings by the Supreme Court
of the United States upon appeal or writ OF error
| shall be limited to a dete mination of the suffi
| o ency of the f4cts found to support the judg-
ment or decree entered, and TO the rulings of
| the court in admitting or rejsctins evidence Of
| fered, and in the construction Of written docu-
| ments produced and admittel. The Supreme
| Court may affirm or modify or reverse the judg-
ment or decree entered, or may, in its discre ion
order q new trial or further proceedings - be
| taken.
SEQ. s. And be IL further enacted, That term of
the district court of the Uni ed States for the
! southern district of California sh II be held in
the city OF Montery, in sad state, on the first
Monday of February, and on the first NJ n lay
ofJune, and on the first Monday OF DC ober, of
each year; and term of the district court of t, g
United States for the northern district of ali
fornia shall be held in the city s F. aneisco in
said state, on the first Monday OF April, d en-
| tie second Monday of August, and on the first
| Monday of December, of each year; and term
of the dist let court of the Unit states for the
distr ct OF Oregon shall Re held at the CITY OF
Portland in the site of Oregon, on the first
Monday of March. and on the FIRST Monday of
July, and on the first Mondsy Of November, of
each year.
Gee, 9. And be IL further enacted, That SEQ
| ti0n four of the act emit led San act to provide
circuit courts for the districts of California and
| Oregon, and for other purposes" approved
March third, eighteen humid and sixty three !;
| and sections four and five of the act entitled
"An act to provide for extending the laws and
judicial system of the UIited States to he state
| ofCalifornia," approved Septem er tventy-e ght
| eighteen hundred and fifty, and all provisions
of law inconsistent with this act, be and the same
are hereby repealed.
SEQ. 10. And be 1t further enacted, That this
act shall take effect on the frs Monday of May,
one thousand eight hundred and sixty-four.
Approved, February 10, 1854.