Year: 1864

AN ACT amendatory of aud supple


mentary to" An act to provide cir


cult courts for the districts of Cali


fornia and Oregon, and for other


purposes" approved March third,


eighteen hundred and sixty-three.


BE IL eaacte8 bg the Senate and House
Of Representatives. of tie United States Of
america IN CoRgress assembled, That the
term of the circuit court of the United
States for the districts in California
shall be held in the city of San Fran
cisco, in said State, on the first Mon.
day 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 Monterey, in said State, on
the first Monday Of April, and on the
second Monday of August, and on the
first Monday Of December, of each
year ; and that a term Of said circuit
court for the State of Oregon shall bc
held at the city of Portland, in said
State, on the first Monday of January,
and on the first Monday of May, and
on the first Monday of September, OF
each year.


Sec. .. And be it farther enacted,
That whenever the circuit judge is ab.
sent, or, from any cause, is unable to
hold term of the circuit court as
above provided, it shall be the duty of
the district judge of the district to
hold such term. No term of the cir
cult court in one district of the tenth
circuit shall be deemed to be ended
from the commencement of "A term in
another district. \ circuit court may
be held in the different districts at the
same time.


Sec. 3. And Be Il further eaadcd,
That the circuit Judge of said tenth
circuit may, at his discretion, appoint
special sessions of the circuit court,
to be held at the places where the sta
ted sessions thereof are to be holden,
as provided in this act, by an order,
under his hand and seal, addressed to
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 in
one or more of the gazettes or newspa-
pers within the district where such
sessions arc to be holden. At such
special sessions it shall be competent
for the said court TO entertain .juris-
diction Of and hear aud decide all cas-
es in equity, cases in error, or on APP
peal, issues of law, motions in arrest
of Judgment. motions for new trial,
and all other motions, and to award
executions and other final process,
and to do and to transact all other
business, and direct all other proceed
ings III all causes pending in the cir
cult court, except trying any cause hy
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 spe-
cial sessions said court may also try
and determine all issues of fact in cas-
es in which, by the stipulation in wri-
ting of the parties, OF their attorneys,
and filed with the clerk, jury shall
be waived.


Sec 4. And Be IL fwther 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
large upon the records Of the court
The circuit judge may revoke the APP
pointment 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 re-
vocation shall be entered on the rec
ords of the court. The clerk, before
entering upon the discharge of his du.
ties, shall take the oath of Office pre-
scribcd by the act entitled "An act
to prescribe an oath of Office and for
other purposes" approved July two,
eighteen hundred and sxty.two, and
such oath shall be endorsed upon bis
appointment. The clerk shall also
execute "a 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. la case Of
a vacancy in the Office of clerk, the
district Judge shall have power to fill
such vacancy by appointment, which
shall continue until an appointment is
made by the circuit judge.


Sec. 5. And be it FURTHER enacted,
! That the clerks of the circuit courts
| of the tenth circuit shall have power
to appoint one or more deputies, who
shall have the same authority, in all
respects, as their principal. The APP
pointment shall be in writing, and be
signed 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 entitled An
act to prescribe an oath Of office and
: for other purposes" approved july


two, eighteen hundred and sixty-two


And such oath shall be endorsed upon
his appointment. The clerk may take


from each of his deputies bond with
. suretes for the faithful performance oI
; ; his duties, but the clerk and the sure


ties on his official bond shall be liable


for all the official acts Of each deputy
Sec. 6. and be 1t further enacted


That the clerks of the circuit courts
!, and district courts Of the tnites
i States for the districts of California


and Oregon shall severally be entitled


to charge aud receive for the services
they may perform double the fees an'