Year: 1863

PUDLIC-NO. SO.


An Act to give greater Efficiency to the Ju-
dicial System Of the United States.
Re IL rnnctesl hy >A~ !C~-~.~ -~J Uo~sp of
Representatives IF tie United States 4f liner
ica in Congress assembled, That, whenever
the judge of the supreme court for any cir
cult, from disability, absence the accumula-
ton of business in the circuit court i'll any
district within his circuit, or from his having
been of counsel Or being Interested in any
case pending in such circuit court, or from
any other cause, shall deem it advisable that
the circuit court in said district shall be hold
en- by the judge of any other circuit, he may
request, in writing, the judge Of any other
circuit to hold the circuit court in such dis
trict, during time to be named in such re-
quest; and such request shall be entered
upon the journal of the circuit court so to be
holden. And thcreupon it shall be lawful
for the judge so requested to hold the cir
cult court in such district, and to exercise all
the powers of the Judge of such circuit with
in and for such district during the time named
in such request.


Sec. 2. Ind be It .fartAcr enacted. That
the judge Of any circuit may order any civil
cause certified into any circuit court within
his circuit from any court of the United
States, to be certified back to the court
whence it came; and in such case such cause
shall be proceeded in by such court, in all
respects, as il the same had not been certified
from it: Pr0rided. That if from any cause
it shall be improper for the judge of such
court to try any such cause SO certified back,
the same shall be tried by some other judge
holding such court, pursuant to the provisions
of this act. Whenever, by reason Of death
or resignation, there shall be no judge of any
circuit, the chief justice of the supreme
court Of the United States may make the re-
quests herein provided for, which shall be
operative until such circuit shall be assigned
to another judge. In the case of vacancy
in the Office of marshal or district attorney
in any circuit, the judge of such circuit may
fill such vacancy. and the person so appoint
ed shall serve until an appointment shall BE-
made by the President, and the appointcc
has duly qualified, and no longer; and the
marshal so appointed shall give bond rs if
appointed by the President, and the bond
shall be approved by such Judge. The ap-
pointment SO made shall be in writing, and
such writing shall be filed in the clerks Office
of the circuit court, and copy thereof shall
be entered upon the journal Of such court.
The clerk Of every court shall give bond in
such sum as may be fixed by the court, with
surcties to be approved by the court. and a
new bond may be required whenever the
court shall deem it proper that such bond
shall be given. Every marshal's bond so
given shall be filed in the Office of the clerk
of the circuit court, and a copy thereof en-
tered upon the journal Of the court. A copy
of every bond given by clerk shall be en-
tered upon the journal of the court for which
he is appointed, and the bond shall be depos-
tied for safe-keeping as the court may direct.
A certified copy Of such entry shall be primd
facie proof of the execution Of such bond,
| and of the contents thereof.